Section 6306. Administration of community colleges--boards of trustees

1.
  Each community college, except  in  the  city  of  New  York,  shall  be
  administered  by  a board of trustees of ten members, nine of whom shall
  be appointed for terms of seven years in annual rotation, and one member
  elected as herein provided, except that initial  appointments  shall  be
  made  for terms of one to nine years respectively. Five members shall be
  appointed by the local legislative body or board, or  other  appropriate
  governing  agency, one of whom may be a member of such local legislative
  body or board, or other appropriate governing agency, four,  from  among
  persons  residing  in  the sponsoring community, by the governor and one
  member elected by and from among the students of the college  who  shall
  serve  as  a member of the board for a one-year term, provided, however,
  that the term of the student member first elected shall be  nine  months
  commencing  October  first,  nineteen  hundred seventy-five. The student
  member shall be  afforded  the  same  parliamentary  privileges  as  are
  conferred upon voting members, including but not limited to the right to
  make  and  second motions and to place items on the agenda. Such student
  member shall be subject to every provision of any  general,  special  or
  local  law, ordinance, charter, code, rule or regulation applying to the
  members of such board with respect to  the  discharge  of  their  duties
  including,  but  not limited to, those provisions setting forth codes of
  ethics,   disclosure   requirements   and   prohibiting   business   and
  professional  activities.  The  election  of the student member shall be
  conducted in accordance with rules and regulations  promulgated  by  the
  respective  representative campus student association in accordance with
  guidelines established by the state university trustees.  In  the  event
  that  the  student  member ceases to be a student at the institution, he
  shall be required to resign. The governor's initial  appointments  shall
  be for terms of two, four, six and eight years respectively and those by
  local  authorities  for  terms of one, three, five, seven and nine years
  respectively. Vacancies shall be filled for unexpired terms in the  same
  manner  as  original  selections  by  the  authority responsible for the
  original selection. The board shall select its own chairman  from  among
  its  voting  membership.  Where  two  or more local sponsors join in the
  establishment  of  a  community  college,  the  apportionment   of   the
  appointments  among them shall be made by the state university trustees.
  Trustees shall receive no compensation for their services but  shall  be
  reimbursed  for their expenses actually and necessarily incurred by them
  in the performance of their duties under this article. Members initially
  appointed or elected under this subdivision to the board of trustees  of
  any   community   college   hereafter   established  shall  take  office
  immediately upon their selection and qualification, but for purposes  of
  determining   the   expiration   of   their  respective  terms  and  the
  commencement of the terms of their successors, the  term  of  office  of
  each  such initial member shall be deemed to have commenced on the first
  day of July of the year in which such college was established. The terms
  of office of all members of the boards of trustees of community colleges
  heretofore  established,  appointed  or  elected  as  provided  in  this
  subdivision,  shall  terminate  on  the  thirtieth  day  of  June of the
  calendar year within which such terms expire  under  the  provisions  of
  this  subdivision as hereby amended. For the purpose of determining such
  year all initial terms of office of appointed members of the  boards  of
  trustees of community colleges heretofore established shall be deemed to
  have  commenced  on  the  first  day  of  July of the year in which such
  colleges were established and the terms of  their  successors  for  full
  terms,  if any, shall be deemed to have commenced upon the expiration of
  the number of years from such date for which such  initial  appointments
  were made.

    The  one  member elected by and from among the students of the college
  may be removed by such students in accordance with rules and regulations
  promulgated by the respective representative campus student  association
  in  accordance  with  guidelines  promulgated  by  the  state university
  trustees.  In the case of community colleges in the city of New York the
  year in which any such college was established for the purposes of  this
  subdivision  shall  mean  the  year in which it was or may be determined
  that its board of trustees be appointed and serve in the manner provided
  by this subdivision.
    The provisions of  this  subdivision  shall  not  apply  to  community
  college regional boards of trustees.
    1-a.  Notwithstanding  the  provisions  of  subdivision  one  of  this
  section, the term of office of a member of  the  board  of  trustees  of
  Rockland  Community  College  appointed by the local legislative body or
  board shall be five years.
    2. The board of trustees of each community  college  shall  appoint  a
  president  for  the college, subject to approval by the state university
  trustees, and  it  shall  appoint  or  delegate  to  the  president  the
  appointment  of  other  members  of  the staff. The staff of a community
  college  shall   consist   of   the   professional   service   and   the
  non-professional   service.   The  professional  service  shall  include
  positions  requiring  the  performance  of  educational   functions   in
  agriculture,  home  economics,  liberal  and  applied arts and sciences,
  engineering, technical skills,  crafts,  business  education,  medicine,
  dentistry,  nursing,  academic  administration, library service, student
  activities, student personnel services, and other  professions  required
  to  carry  on  the  work of the community colleges. The non-professional
  service shall consist of all positions not in the professional  service.
  The  board  of trustees of each community college shall adopt curricula,
  subject to the approval of the  state  university  trustees,  prepare  a
  budget  and,  with the exception of community college regional boards of
  trustees, submit such budget for approval by the local legislative  body
  or  board,  or  other  appropriate  governing agency and, subject to the
  general supervision of the state  university  trustees,  discharge  such
  other  duties  as  may  be  appropriate  or  necessary for the effective
  operation of the college. Where the  city  of  New  York  is  the  local
  sponsor  of a community college, salaries fixed by the board of trustees
  of such college shall be in accordance with salary schedules approved by
  the mayor of that city.
    3. In the city of New York, upon  the  establishment  of  a  community
  college  sponsored by the board of education, the sponsoring board shall
  be the trustees and shall be vested  with  the  powers  of  a  board  of
  trustees  of  a  community  college,  or  upon  the  application  of the
  sponsoring board, approved by the state university trustees,  the  board
  of  trustees of such community college may be appointed and serve in the
  manner provided by  subdivision  one  of  this  section;  and  upon  the
  establishment  and  continuance  of a community college sponsored by the
  city of New York, the local sponsor may designate the board of education
  in that city as the trustee to be vested with the powers of a  board  of
  trustees  of  a community college, or the local sponsor may provide that
  the board of trustees of such community college shall be  appointed  and
  serve  in the manner provided by subdivision one of this section. In the
  event that the board of education serves as the board of trustees  of  a
  community  college  in  the  city  of New York, its powers and duties in
  relation thereto shall be as prescribed in this article  for  boards  of
  trustees  of  community  colleges. In the city of New York, the board of
  trustees of the  fashion  institute  of  technology  shall,  under  such
  by-laws as such board deems appropriate, provide for the eligibility for

  sabbatical  leaves  of absence to members of its permanent instructional
  staff; provided, however, that when such leaves are for  one-half  year,
  they  shall  be at full pay, and when such leaves are for one year, they
  shall be at half pay.
    3-a.  (a) Notwithstanding the provisions of subdivisions one and three
  of this section, effective July first, two thousand eight,  the  fashion
  institute  of technology shall be administered by a board of trustees of
  twelve members. Six members shall be appointed by the local sponsor, one
  of whom may be a member of such sponsor; five members shall be appointed
  by the governor from among persons who reside in the city of  New  York;
  and  one  member  shall be elected by and from among the students of the
  fashion institute of technology.
    (b) The provisions of subdivisions  one  and  three  of  this  section
  notwithstanding,  effective  July  first, two thousand nine, the fashion
  institute of technology shall be administered by a board of trustees  of
  fourteen members. Seven members shall be appointed by the local sponsor,
  one  of  whom  may  be  a  member  of such sponsor; six members shall be
  appointed by the governor from among persons who reside in the  city  of
  New York; and one member shall be elected by and from among the students
  of the fashion institute of technology.
    (c)  The  provisions  of  subdivisions  one  and three of this section
  notwithstanding, effective July first, two  thousand  ten,  the  fashion
  institute  of technology shall be administered by a board of trustees of
  sixteen members. Eight members shall be appointed by the local  sponsor,
  one  of  whom  may  be  a member of such sponsor; seven members shall be
  appointed by the governor from among persons who reside in the  city  of
  New York; and one member shall be elected by and from among the students
  of the fashion institute of technology.
    4.  The  board  of  trustees  of each community college may acquire by
  deed, gift, devise, bequest or lease, real or personal property suitable
  for carrying out the program and purposes of the college,  and  pursuant
  to regulations prescribed by the state university trustees may apply any
  income  that may be derived therefrom to the maintenance thereof; but no
  lands, grounds, buildings, facilities or equipment shall be purchased or
  leased unless an  appropriation  has  been  made,  therefor,  or  unless
  otherwise  authorized  by  law.  Title  to personal property so acquired
  shall vest in such board of trustees in its own name and  such  property
  shall be held and used by such board for college purposes. Title to real
  property  so  acquired shall vest in and be held by the local sponsor in
  trust for the uses and  purposes  of  the  community  college.  Where  a
  community  college  region  is the local sponsor of a community college,
  title to real and personal property shall vest in the community  college
  regional  board  of trustees. The use of real or personal property given
  to the board of trustees of any community  college,  or  of  the  income
  therefrom,  to  provide any part of the local sponsor's share of capital
  or operating costs  shall  be  subject  to  the  consent  of  the  state
  university trustees and such regulations as they may prescribe.
    5.  The  board  of  trustees shall have the care, custody, control and
  management of the lands, grounds, buildings,  facilities  and  equipment
  used  for  the  purposes  of  such  college  and  of  all other property
  belonging to such college and used for carrying out its purposes, and it
  shall have power to protect, preserve and improve the same.
    5-a. a. The board of trustees of each community college shall have the
  authority to appoint security officers for the community college and, in
  its discretion, to designate or to revoke the designation of one or more
  than one security officer as a peace  officer.  A  security  officer  so
  designated  shall  have  the  powers  of a peace officer as set forth in
  section  2.20  of  the  criminal  procedure  law.  A  security   officer

  designated  as  a  peace  officer  must have satisfactorily completed or
  complete, within one year of the date of such designation, a  course  of
  law  enforcement  training  prescribed  by the municipal police training
  council  in  consultation with the state university board of trustees. A
  peace officer so designated may possess and carry a firearm as a part of
  on duty employment only if authorized to do so by the president  of  the
  community  college.  The  geographical  area  of  employment  of a peace
  officer so designated is the campus and other property of the  community
  college  at  which the peace officer serves, including that portion of a
  public highway which crosses or abuts such property, and residential  or
  other  facilities  owned,  operated,  or  maintained by a not-for-profit
  entity associated with the community college for  which  such  community
  college provides security.
    b.  The  appointment of security officers at a community college shall
  be  governed  by  and  conform  with  civil  service  laws,  rules   and
  regulations,  if  applicable to the community college and its employees.
  The designation of a security officer as a peace officer shall be  based
  on   qualifications  established  by  the  community  college  board  of
  trustees, and  in  accordance  with  seniority.  For  purposes  of  this
  subdivision,   "seniority"  means  total  employment  service  with  the
  community college making such designation.
    c. A security officer who has been designated a peace officer may have
  such designation suspended or removed pursuant to procedures established
  by the community college or in  compliance  with  any  local  collective
  bargaining  agreement,  if  applicable  to the community college and its
  employees.
    d. The designation of peace  officers  pursuant  to  this  subdivision
  shall not be deemed to supersede in any way the authority of other peace
  officers and police officers.
    e.  Nothing contained in this section shall be construed to: (i) alter
  any existing collective bargaining agreement; (ii) diminish  the  rights
  of  employees  pursuant  to an existing collective bargaining agreement;
  (iii) affect existing law with respect to an application to  the  public
  employment relations board seeking designation by the board that certain
  persons  are  managerial  or confidential; or (iv) alter or restrict the
  power of a county or community college sponsor or employee  organization
  to  negotiate  with  respect  to  an  alternate method of appointment or
  promotion of security officers.
    5-b. Subject to the approval of the board of  regents,  the  board  of
  trustees shall have the authority to grant honorary associate degrees.
    6. The board of trustees shall have such other powers and perform such
  other  duties  as  may  be  provided  by  law or prescribed by the state
  university trustees.
    7. Subject to the approval of the local  sponsor  acting  through  its
  local  legislative body or board, or other appropriate governing agency,
  and pursuant to such regulations and limitations as may  be  established
  and  prescribed  by the state university trustees, the board of trustees
  of each community college may  enter  into  any  contract  or  agreement
  deemed  necessary  or  appropriate  for  the  effective operation of the
  college, (1) including contracts or agreements  entered  into  with  the
  federal  government  to  enable  participation  in  federal student loan
  programs,  including  any  and  all  instruments  required   thereunder;
  provided,  however, that the sponsor shall not be liable for any portion
  of any defaults which it has agreed  to  assume  pursuant  to  any  such
  agreement  in  an  amount  in  excess of money appropriated or otherwise
  lawfully available therefor  at  the  time  the  liability  for  payment
  arises,   and  (2)  including  contracts  with  non-profit  corporations
  organized by officers, employees, alumni or students of the college  for

  the  furtherance  of  its  objects  and  purposes.  Notwithstanding  the
  provisions of any other law, general, special or local,  such  contracts
  entered  into  with  such non-profit corporation shall not be subject to
  any  requirement  that contracts be let to the lowest responsible bidder
  after advertisement for bids.  Nothing  contained  in  this  subdivision
  shall  be deemed to diminish or impair any powers or authority otherwise
  vested in the board of trustees of any community college. The provisions
  of this subdivision shall not apply to community college regional boards
  of trustees.
    8. Subject to the approval of the local  sponsor  acting  through  its
  local  legislative body or board, or other appropriate governing agency,
  and pursuant to such regulations and limitations as may  be  established
  and prescribed by the state university trustees with the approval of the
  director  of the budget, the board of trustees of each community college
  may  participate  in  cooperative  educational  programs,  services  and
  arrangements  with  colleges,  universities, school districts, boards of
  cooperative  educational  services,  libraries,  museums  and  join  any
  cooperative  association  of  such  educational institutions formed as a
  corporation pursuant to section two hundred sixteen of this chapter. The
  provisions of this subdivision shall  not  apply  to  community  college
  regional boards of trustees.
    8-a.  a.  The board of trustees shall, on or before January first, two
  thousand, adopt and implement a plan providing for the investigation  of
  any  violent  felony offense occurring at or on the grounds of each such
  institution, and providing for the investigation  of  a  report  of  any
  missing  student.  Such  plans shall provide for the coordination of the
  investigation of such crimes and  reports  with  local  law  enforcement
  agencies.  Such  plans  shall  include,  but  not be limited to, written
  agreements with appropriate local law enforcement agencies providing for
  the prompt investigation of such crimes and reports.
    b. As used in this subdivision, the following  terms  shall  have  the
  following meanings:
    (i)  "Local  law  enforcement  agencies"  means any agency or agencies
  employing peace officers or police officers for the enforcement  of  the
  laws  of  the state, and which has or have jurisdiction under provisions
  of the criminal procedure law over  offenses  occurring  at  or  on  the
  grounds   of   any   institution  subject  to  the  provisions  of  this
  subdivision.
    (ii) "Missing student" means any student of an institution subject  to
  the  provisions  of this subdivision, who resides in a facility owned or
  operated by such institution and who is reported to such institution  as
  missing from his or her residence.
    (iii)  "Violent  felony  offense"  means  a  violent felony offense as
  defined in subdivision one of section 70.02 of the penal law.
    9. In the case of colleges sponsored  by  community  college  regions,
  references  in  subdivisions  two,  four,  five, six and eight-a of this
  section to the board of trustees of a community college shall  mean  the
  community college regional board of trustees.