PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Amendment of sections 331.8 and 331.9 of Title 8 NYCRR.
Statutory authority:
Education Law, sections 353 and 355(2)(b)
Subject:
University Faculty Senate.
Purpose:
To amend amend the Policies of the Board of Trustees regarding the University Faculty Senate.
Text of proposed rule:
8 NYCRR Part 331. University Faculty Senate
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Title C – OFFICERS
331.8 President of the senate. Before July 1st of each odd-numbered year, the senate shall elect one of its elected members or the current Vice-President/secretary as President of the senate for a term of two years. Upon election as President of the senate, [the] an elected member shall vacate the position as the representative of his or her unit in the senate. The President of the senate shall preside at all meetings of the senate and shall exercise such other powers and duties as may be vested in the President by this Part and the bylaws of the senate. The President shall be an ex officio member of all senate committees. The President of the senate may be reelected for a second term, but may not thereafter be eligible for a successive term[.] provided however that a President initially elected to fill the minor portion of a term arising from a vacancy is eligible to serve two additional successive full terms.
331.9 Vice president/Secretary. Before July 1st of each even-numbered year, the senate shall elect one of its elected members to serve as Vice-President/Secretary for a term of two years. Upon election as Vice-President/Secretary, the elected member shall vacate the position as representative of his or her unit in the senate and shall serve as a nonvoting member of the senate. The vice president/secretary shall take and keep minutes of the senate and shall exercise such other powers and duties as the senate shall provide in its bylaws. The vice president/secretary shall serve as president of the senate during that officer’s absence or inability to act. [Any regular member of the senate is eligible to serve as vice president/secretary for one year beyond the expiration of his or her three-year term as a senate member. In such case, the vice president/secretary shall become a nonvoting member of the senate and the unit shall be represented by a regularly elected successor.] The Vice-President/Secretary of the senate may be reelected for a second term, but may not thereafter be eligible for a successive term provided however that a Vice-President/Secretary initially elected to fill the minor portion of a term arising from a vacancy is eligible to serve two additional successive full terms.
Text of proposed rule and any required statements and analyses may be obtained from:
Lisa S. Campo, State University of New York, State University Plaza, S-325, Albany, NY 12246, (518) 320-1400, email: Lisa.Campo@SUNY.edu
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement
1. Statutory Authority: Education Law, 355(2)(b). Section 355(2)(b) authorizes the State University Board of Trustees (“SUNY Board”) to make and amend rules and regulations for the governance of the State University and institutions therein.
2. Legislative Objectives: The present measure supports the SUNY Board’s legislative authority over governance of the University, specifically faculty governance. The SUNY’s Board’s policies, codified in Title 8 of New York Codes of Rules and Regulations Part 331, established a University Faculty Senate through which SUNY’s faculty engages in the governance of SUNY.
3. Needs and Benefits: The present measure amends the SUNY Board’s rules relating to the University Faculty Senate which amendments are deemed necessary by the membership of the University Faculty Senate and the SUNY Board.
4. Costs: There are no costs associated with the present measure.
5. Local Government Mandates: There are no local government mandates. The amendment does not affect students enrolled in the community colleges operating under the program of the State University of New York.
6. Paperwork: No parties will experience any new reporting responsibilities. The State University of New York Policies of the Board of Trustees will need to be revised to reflect these changes.
7. Duplication: None.
8. Alternatives: None.
9. Federal Standards: None.
10. Compliance Schedule: None.
Regulatory Flexibility Analysis
No regulatory flexibility analysis is submitted with this notice because the proposed rule does not impose any requirements on small businesses and local governments. This proposed rule making will not impose any adverse economic impact on small businesses and local governments or impose any reporting, recordkeeping or other compliance requirements on small businesses and local governments.
Rural Area Flexibility Analysis
No rural area flexibility analysis is submitted with this notice because the proposed rule does not impose any requirements on rural areas. The rule will not impose any adverse economic impact on rural areas or impose any reporting, record-keeping, professional services or other compliance requirements on rural areas.
Job Impact Statement
No job impact statement is submitted with this notice because the proposed rule does not impose any adverse economic impact on existing jobs, employment opportunities, or self-employment. This regulation governs the University Faculty Senate of State University of New York and will not have any adverse impact on the number of jobs or employment.
