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SUMMARY OF THE FEBRUARY MEETING


 


OF THE BOARD OF REGENTS


OF


THE UNIVERSITY OF THE STATE OF NEW YORK


 


Held at the State Education Building


        Albany, New York


 


February 11 and 12, 2008


 


David Johnson, Secretary


Board of Regents



THE BOARD OF REGENTS

               The Board of Regents of The University of the State of New York held a public session on Tuesday, February 12 at 12:30 p.m. pursuant to a call duly sent to each Regent.


MEETING OF THE FULL BOARD, Tuesday, February 12, 12:30 p.m.

 


Board Members in Attendance:

Robert M. Bennett, Chancellor

Saul B. Cohen

James C. Dawson

Anthony S. Bottar

Geraldine D. Chapey

Arnold B. Gardner

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

James R. Tallon, Jr.

Milton L. Cofield

Roger B. Tilles

Charles R. Bendit

              Also present were the Commissioner of Education, Richard P. Mills, Counsel, Kathy Ahearn, and the Secretary, Board of Regents, David Johnson.  Vice Chancellor Merryl H.Tisch and Regents Karen Brooks Hopkins and Natalie M. Gomez-Velez were absent and excused.

              Chancellor Robert M. Bennett called the meeting to order at 12:30 p.m.


ACTION ITEMS

Charter Applications for February 2008


BR (A) 1

              MOVED, that the Regents approve each application in accordance with the recommendations contained in the respective summaries.

              Motion by:                    Regent Anthony S. Bottar

              Seconded by:                Regent  James C. Dawson

              Action:                          Motion carried unanimously

Summary of the January 2008 Meeting


BR (A) 2

              MOVED, that the Summary of the January 2008 Meeting of the Board of Regents of The University of the State of New York be approved.

              Motion by:                    Regent Anthony S. Bottar

              Seconded by:                Regent James C. Dawson

              Action:                          Motion carried unanimously

Proposed Amendment to the Rules of the Board of Regents


 Relating to Standing Committees


BR (A) 3

             MOVED, that subdivisions (a) and (d) of section 3.2 and subparagraph (iv) of paragraph (11) of subdivision (a) of section 4-1.5 of the Rules of the Board of Regents be amended, as submitted, effective February 26, 2008, as an emergency action, upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare in order to conform the Rules of the Board of Regents to recent reorganization of the committee structure of the Board of Regents, and thereby assist the Board of Regents to efficiently and effectively meet its statutory responsibilities.

              Motion by:                    Regent Saul B. Cohen

              Seconded by:                Regent Geraldine D. Chapey

              Action:                          Motion carried unanimously

State Education Department January 2008 Fiscal Report


BR (A) 4

              The Board received the January 2008 Fiscal Report for review and acceptance.

              All general fund and federal accounts are in structural balance.

Revenue accounts are in structural balance, allowing for normal reimbursement delays in the planned use of prior year balances.  After expending prior year funds, the Archives Partnership Trust (APT) will use sufficient revenue from the APT endowment, pursuant to Chapter 399 of the Laws of 1998, to maintain structural balance.

    

              MOVED, that the Board of Regents accept the January 2008 State Education Department Fiscal Report as presented.

               Motion by:                    Regent Harry Phillips, 3rd

              Seconded by:                Regent Anthony S. Bottar

              Action:                          Motion carried unanimously


INFORMATION ITEM

 

Commissioner’s Summary


Oral

              Commissioner Richard P. Mills summarized the meeting, including actions taken by Standing Committees.  These include: Regents Two-Year Policy Agenda will be voted on in March; Board of Regents and Department will be a partner in the 2008 World Science Festival in New York City; approved the July 1, 2008 – June 30, 2013 career and technology plan and directed staff to prepare the five-year state plan for submission to the U.S. Department of Education as required under the federal Carl D. Perkins Career and Technical Education Improvement Act of 2006; and, approved an amendment to sections 3.2 and 4-1.5 of the Rules of the Regents to conform to the reorganization of the committee structure of the Board.


STANDING COMMITTEE REPORTS

              MOVED, that the reports from the Regents Standing Committees be approved as submitted.

              Motion by:                    Regent James C. Dawson

              Seconded by:                Regent Geraldine D. Chapey
             Action:                           Motion carried

                                                                   [Regent Arnold B. Gardner voted in opposition to EMSC (A) 3]

 


REGENTS COMMITTEE ON POLICY INTEGRATION AND INNOVATION

Chancellor Robert Bennett, Chair of the Committee on Policy Integration and Innovation, presented on behalf of the Committee the following written report.

Your Committee held its scheduled meeting on February 11, 2008.  Vice Chancellor Tisch, and Regents Cohen, Dawson, Bottar, Chapey, Bowman and Tallon were present.  Regents Gardner, Phillips, Tilles, and Bendit also attended.  Commissioner Mills was present. 


MATTERS NOT REQUIRING BOARD ACTION

Your Committee heard an update from the Commissioner on the status of the Regents Legislative visits.   It is important for these visits to happen and the Legislature has been supportive.

Your Committee was informed on the progress of the three consultant projects:

  • McKinsey & Company has been working for three weeks, interviewing Board members, key Department staff and collecting documentation.
  • Holland & Knight is providing continued information about best practices in school improvement and how to develop school accountability growth model.
  • The Parthenon Group is assessing Department data bases and studying what leading states are doing.
  • McKinsey, Parthenon and Holland & Knight are talking with each other and documents are being shared.  All work is closely monitored by the Board.

The Commissioner discussed NYS Archives documents theft and our efforts to improve security.

  • A security consultant is finishing his report.
  • No one will work alone – there is a new buddy system in place.
  • Security cameras are on order.
  • OCE staff is benchmarking security practices at comparable institutions.


MATTERS REQUIRING BOARD ACTION

Your Committee discussed the Regents draft Two-Year Policy Agenda.  The Committee decided that additional review by Board Committees is needed.  A vote will be scheduled for March.

 


REGENTS COMMITTEE ON ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

Your EMSC Committee held its scheduled meeting on February 11, 2008.  All Committee members were present. 

ACTION ITEMS

Five-Year Plan for Career and Technical Education (Carl D. Perkins Career and Technical Education Improvement Act of 2006)

The Committee discussed the draft Perkins five-year state plan which is a requirement for $60 million in federal funding for CTE programs statewide.  During the discussion it was made clear that Title I and Title II (Tech-Prep) of the funding will continue to remain separate and also that career planning for students is part of the Perkins requirements.  The Committee recommends that the Board of Regents approve the July 1, 2008 through June 30, 2013 career and technical education plan and direct staff to prepare the five-year state plan for submission to the U.S. Department of Education as required under the federal Carl D. Perkins Career and Technical Education Improvement Act of 2006.  [EMSC (A) 2]

Charter Schools

Your Committee recommends that the Board of Regents approve the revision to the initial charter of the Charter School of Educational Excellence, and the provisional charter is amended accordingly.   [EMSC (A) 1]

Your Committee recommends that the Board of Regents approve the application for the Aloma D. Johnson Fruit Belt Community Charter School.  Your Committee further recommends that the Board of Regents issue a charter and provisional charter to the Aloma D. Johnson Fruit Belt Community Charter School for a term of approximately four years, five months, ending on June 30, 2012.   [EMSC (A) 3]

              Your Committee recommends that the Board of Regents return the proposed revision to the initial charter of the Girls Preparatory Charter school of New York to the Trustees of the State University of New York for reconsideration, and with the following comments and recommendations: That the proposed revision be resubmitted to the Regents for reconsideration after a public hearing is held in the community potentially impacted by the charter school in accordance with both Education Law §2857(1) and 8 NYCRR 119.4 and that the proposed revision be modified to eliminate the authorization for the charter school to increase enrollment without further approval by the charter entity and the Board of Regents.  [EMSC (A) 4]

Your Committee recommends that the Board of Regents approve and issue the charter of the New York City Charter High School for Architecture, Engineering, and Construction Industries as proposed by the Chancellor of the city school district of the city of New York and issue a provisional charter to it for a term of five years, ending on February 11, 2013.  [EMSC (A) 5]

              Your Committee recommends that the Board of Regents approve the revision to the charter of the John V. Lindsay Wildcat Academy Charter School as proposed by the Chancellor of the city school district of the city of New York, and the provisional charter is amended accordingly.  [EMSC (A) 6]

              Your Committee recommends that the Board of Regents return the proposed revision to the initial charter of the KIPP S.T.A.R. College Prep Charter School of New York to the Trustees of the State University of New York for reconsideration, and with the following comment and recommendation: That the proposed revision be resubmitted to the Regents for reconsideration after a public hearing is held in the community potentially impacted by the charter school in accordance with both Education Law §2857(1) and 8 NYCRR 119.4.  [EMSC (A) 7]

Your Committee recommends that the Board of Regents return the proposed revision to the second renewal charter of the Amber Charter School to the Trustees of the State University of New York for reconsideration, and with the following comment and recommendation: That the proposed revision be resubmitted to the Regents for reconsideration after a public hearing is held in the community potentially impacted by the charter school in accordance with both Education Law §2857(1) and 8 NYCRR 119.4.  [EMSC (A) 8]

Your Committee recommends that the Board of Regents return the proposed revision to the second renewal charter of the Sisulu-Walker Charter School of Harlem to the Trustees of the State University of New York for reconsideration, and with the following comment and recommendation: That the proposed revision be resubmitted to the Regents for reconsideration after a public hearing is held in the community potentially impacted by the charter school in accordance with both Education Law §2857(1) and 8 NYCRR 119.4.  [EMSC (A) 9]

Your Committee recommends that the Board of Regents approve and issue the charter of the Bronx Academy of Promise Charter School as proposed by the Chancellor of the city school district of the City of New York, and issue a provisional charter to it for a term of five years, ending on February 11, 2013.  [EMSC (A) 10]

Your Committee recommends that the Board of Regents approve and issue the charter of the Bronx Global Learning Institute for Girls Charter School as proposed by the Chancellor of the city school district of the city of New York and issue a provisional charter to it for a term of five years, ending on February 11, 2013.  [EMSC (A) 11]

MOTION FOR ACTION BY FULL BOARD

  

Mr. Chancellor and Colleagues:  Your EMSC Committee recommends, and I move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on February 11, 2008, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

Proposed Revisions to Regulations relating to Contracts for Excellence – The Committee discussed the proposed revisions to the Contracts for Excellence regulations.  Some of the major revisions discussed were increased public participation, the handling of complaints, and the definition of “predominantly.”  Also discussed were the 2008-2009 Article VII amendments as they relate to the Contracts for Excellence.    [EMSC (D) 1]

CTE Committee meeting on January 28 – The Committee heard Vice Chancellor Tisch, Regent Bottar and Johanna Duncan-Poitier report on the discussions and concerns raised at the January 28 EMSC Committee meeting on Career and Technical Education held at the Automotive High School in Brooklyn, NY.  Some of the main points discussed were:

Increased access to CTE programs for all students who want it

  • Integrated curriculum and the review of CTE standards
  • Industry-based assessments
  • Teacher preparation and teacher supply and demand
  • What other states are doing
  • Work with the NYC Task Force

             


REGENTS COMMITTEE ON VOCATIONAL AND EDUCATIONAL SERVICES FOR INDIVIDUALS WITH DISABILITIES

Your VESID Committee held its scheduled meeting on February 12, 2008.   All members were present, with the exception of Regent  Gomez-Velez, who was excused.  Regent Phillips also attended.

MATTERS NOT REQUIRING BOARD ACTION

              The Committee was provided an overview of Special Education’s scope and responsibilities including work related to Policy, Quality Assurance Monitoring and School Improvement and Technical Assistance.

              The Committee discussed the Special Education Annual Performance Report that provides information about IDEA requirements relating to the State Performance Plan (SPP) and Annual Performance Report (APR) on nationally standardized measures of educational and functional outcomes for students with disabilities and New York State’s performance.  The SPP is designed to evaluate the State’s efforts to implement the requirements and purposes of IDEA and describe how the State will improve its implementation.

              The Committee did not discuss the regional meeting to be held in April on Autism.  A date is yet to be determined.  Once a date is determined members of the Board of Regents will be advised.

              The item on VESID’s Vocational Rehabilitation Revised Policy on the Individualized Plan for Employment (VESID (D) 1) and the item on Chapter 515 Annual Report on Integrated Employment for Individuals with Disabilities (VESID (D) 2) were not discussed because of time constraints.  They will be carried over to the March Committee meeting agenda.

 


REGENTS COMMITTEE ON HIGHER EDUCATION

Your Higher Education and Professional Practice Committee held its scheduled meeting on February 11, 2008.  All Committee members were present, except Vice Chancellor Merryl H. Tisch, who was excused.

ACTION ITEMS

 
Action Items

Your Committee recommends that the Board of Regents continue accreditation of the teacher education programs offered by Hobart and William Smith Colleges for a period beginning immediately and ending on May 17, 2011, with the condition that RATE annual reports document continuing progress towards satisfying the concerns cited in the Compliance Review Report.    [HE (A) 1]

Consent Agenda Items

              Your Committee recommends that the Board of Regents authorize Berkeley College (New York City) to award the Bachelor of Science degree and approve a master plan amendment authorizing the College to offer an Associate in Applied Science (A.A.S.) degree program and a Bachelor of Science (B.S.) degree program in Justice Studies – Criminal Justice.  This amendment would be effective until February 12, 2009, unless the program is registered by the Department prior to that date, in which case master plan amendment shall be without term.  [HE (CA) 1]

              Your Committee recommends that the Board of Regents approve the proposed master plan amendment of the State University of New York to authorize the SUNY Empire State College to establish an upper-division nursing program leading to the Bachelor of Science in Nursing degree.  [HE (CA) 2]

              Your Committee recommends that the Board of Regents approve the amendment to the master plan of the State University of New York authorizing the State University of New York College of Agriculture and Technology at Cobleskill to offer the Bachelor of Science (B.S.) degree in Communication in Technology.  [HE (CA) 3]

              Your Committee recommends that the Board of Regents approve the recommendations of the Committee on the Professions regarding licensing petitions.  [HE (CA) 4]

              Your Committee recommends that the Board of Regents amend section 52.21(b)(2)(iv)(c)(3)(i) and (ii) of the Regulations of the Commissioner of Education to extend by six months, until June 30, 2008, the date by which certain teacher education programs awaiting accreditation decisions must achieve accreditation, and to extend the period of eligibility for certain teacher education programs, initially denied accreditation, to request from the State Education Department a deferral of the date by which they must be accredited.  [HE (CA) 5]

MOTION FOR ACTION BY FULL BOARD

             Mr. Chancellor and Colleagues:  Your Higher Education Committee recommends, and I move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on February 12, 2008, copies of which have been distributed to each Regent.

MAT
TERS NOT REQUIRING BOARD ACTION

              Your Committee discussed several topics of interest, including:

Proposed amendment to regulations relating to the Educational Requirements for Tuition Assistance Program (TAP) Awards, including Accelerated Study.  The Committee discussed the proposed amendment which conforms Commissioner’s regulations with education law (as amended by Chapter 57) by incorporating standards that provide for program pursuit and academic progress requirements for maintaining eligibility for TAP awards, including TAP awards for accelerated study.   The proposed amendment will be submitted for action at the May 2008 Regents meeting.  [HE (D) 1]

  • Preliminary Review of Policy Regarding the Sunset of Individual Evaluation for Certification and Teacher Shortages – The Committee discussed four potential options for action prior to the sunset of the Individual Evaluation Pathway to earning a teaching certificate.  Based upon the data available the consensus was that the Individual Evaluation pathway needed to be retained at least for the next three years.  The Committee asked staff to also explore actions that could be taken to strengthen the preparation of individuals who choose this pathway to certification.  The Committee noted that much of the problem with teacher shortages seemed to be concentrated in the Big 5 cities and urged staff to be flexible in fashioning solutions appropriate to the needs of the various districts consistent with overall Regents teaching policy. Staff will proceed to draft an adjustment in the regulations to extend Individual Evaluation and research additional actions consistent with the direction given by the Committee.

 


REGENTS COMMITTEE ON PROFESSIONAL PRACTICE

Your Committee on Professional Practice held its scheduled meeting on February 12, 2008.  All Committee members were present, except Vice-Chancellor Merryl H. Tisch, who was excused. 

ACTION ITEMS

Professional Discipline Cases

              Your Committee recommends that the reports of the Regents Review Committees, including rulings, findings of fact, determinations as to guilt, and recommendations, by unanimous or majority vote, contained in those reports which have been distributed to you, be accepted in 6 cases.  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 28 consent order applications and 5 surrender applications be granted, with Regent Harry Phillips, 3rd recusing himself in the matter of Calendar No. 23614.   [PPC EXS (A) 1-3] 

             In the case of ELIZABETH RAND INTERNICOLA, under Calendar No. 23529, we recommend that the language, beginning on line five of page four of the report of the Regents Review Committee in this matter following the words “respondent is found guilty”, explaining both the suspension and termination of the suspension of respondent’s license, be clarified and deemed to read “both until her criminal probation has been terminated and until such time as, at respondent’s expense,” and the language, beginning on line one of page five of the report of the Regents Review Committee in this matter following the words “State of New York and,” explaining when notice is to be sent to respondent regarding the termination of the suspension of respondent’s license, be clarified and deemed to read “when each of these enumerated requirements have been successfully completed and respondent’s criminal probation has been terminated, said Director shall notify respondent”; and that the report of the Regents Review Committee be otherwise accepted.

              These recommendations are made following the review of 39 cases involving ten licensed practical nurses, eight registered professional nurses, four licensed practical nurses who are also registered professional nurses, three pharmacists, one architect, two certified public accountants, two chiropractors, two pharmacies, one acupuncturist, one dental hygienist, and one respiratory therapist.

Restoration Petitions

Voted, that the Board of Regents deny the petition for restoration of the physician license of Guy Denis.  [PPC EXS (A) 4]

              Voted, that the Board of Regents grant the application of Jhong Young Jhun to restore his license to practice as a physician in the State of New York.  [PPC EXS (A) 5]

Consent Agenda Item

              Your Committee recommends that the Board of Regents approve the recommendations of the Committee on the Professions regarding licensing petitions.  [HE (CA) 4]

MOTION FOR ACTION BY FULL BOARD

               Mr. Chancellor and Colleagues:  Your Committee on Professional Practice recommends, and I move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on February 12, 2008, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

              Your Committee discussed several topics of interest, including:

Professional Discipline Update.  This item has been tabled until the March 2008 meeting.  [PPC (D) 1]

  • Associate Commissioner’s Report for the Office of the Professions.  The Associate Commissioner for the Office of the Professions reported on the Office of the Professions’ strategic plan and recent noteworthy activities including:  the implementation of the Clinical Laboratory Technology law, issues related to the corporate practice of the professions, a Leadership Forum meeting with representatives from professional associations, and testimony presented to the NYS Assembly Health Committee regarding the role of health professions in a system of health care funding that emphasizes primary care and universal coverage.  The Committee members have requested to continue this discussion at future Regents meetings and perhaps a separate meeting with the Office of the Professions.  [PPC (D) 2]

 


REGENTS COMMITTEE ON CULTURAL EDUCATION

Regent James C. Dawson, Chair of the Cultural Education Committee, submitted the following written report.

Your Committee on Cultural Education had its scheduled meeting on February 11, 2008.  Regents Dawson, Tilles, Phillips, Gardner, and Bowman attended.  Regent Brooks Hopkins was absent.

ITEMS FOR DISCUSSION

Chairs’ Remarks: Regent Dawson greeted everyone and opened the meeting.

Deputy’s Report: Deputy Commissioner Jeffrey Cannell greeted everyone.  Prior to the meeting, Mr. Cannell had provided the CE Committee members with a multi-page Deputy’s Report and made copies available to members and guests.  Mr. Cannell concentrated on a couple of items: updating and reviewing a budget handout (attached - Comparison of 2008-2009 Regents and Executive Budget Recommendations for CE Initiatives), some additional comments on the recent theft in the State Library plus an RFP for Security Assessment for OCE including purpose, expected outcomes, panel work process, projected timetable and anticipated budget for consultant panel.

(Items below were provided in the Monthly Report to the Cultural Education Committee)

  • Robert Weible, a native New Yorker and nationally recognized historian, has been appointed New York State’s new chief curator of history and will take on his new role in late March 2008.  A News Release was provided as a handout.
  • An SED staff member who works in the New York State Archives was arrested on January 28, 2008 and charged with grand larceny and possessing stolen property from the New York State Library. Attorney General Andrew Cuomo and Commissioner Mills held a joint press conference in New York City on January 28, reporting the circumstances of this event.  The employee has been suspended from his job.  Security measures have been tightened as an immediate measure and a review panel of nationally recognized experts in security for cultural institutions will be convened to assess and make recommendations for the security of collections in the Archives, Library and Museum.  The Attorney General's Office continues their investigation of this case.
  • Chris Ward, Assistant Commissioner for the State Archives, will be testifying before the Senate Committee on February 12 on Investigations and Government Operations on electronic records in government.  This is an opportunity to highlight the issue of records management in state government and to make clear the State Archives' role and responsibility for managing records in state and local government and the need for a partnership among the Legislature, DOB, CIO/OFT and the Attorney General to address electronic records issues.  In addition, it is an opportunity to introduce information about the growing problems associated with electronic records in government and the significant resources necessary to deal with them.
  • The federal Institute of Museum and Library Services (IMLS) has awarded the State Library and State Archives a 2008 federal “Connecting to Collections” statewide planning grant for $37,277 for a partnership project titled “Partnership for New York’s Cultural Heritage.”
  • New York State Universal Broadband Access Grant Program: The State Library, in partnership with the 23 public library systems and the New York Library Association, has applied to the Governor’s Office for Technology for a $1.25 million State universal broadband access grant to improve broadband access and digital literacy programs for the public through public libraries and neighborhood branches, particularly those libraries located in high-need rural and urban areas of the State.  The proposal is titled "Bringing Broadband to New York’s Libraries” and its goals.  Matching funds will include the $5.6m value of the 2007-2009 Gates Foundation Opportunity Online Hardware Grant.  Using a combination of state, federal, and private funding, the State Library can show evidence of a five-year sustainability effort beyond the grant period.  Federal E-Rate funds and Library Service and Technology (LSTA) funds and Gates funds will be used to show the majority of sustainability funding.
  • Thirteen/WNET, in partnership with the New York Comprehensive Center, will begin work with the NYC Department of Education Office of Parent Engagement, in an effort to reach parents through a variety of new engagement services on many topic areas that cover the span of K-16 education.
  • New York public television recently launched a statewide program on financial literacy for kids - Biz Kid$, a TV series where kids teach kids about money and entrepreneurship.  Kids learn about saving, budgeting, investing, and giving back to the community. A Web site, www.bizkids.com, offers free educational materials related to every episode, plus the opportunity for viewers to apply to be on the show.
  • The Office of Cultural Education will once again have a booth in the third annual Teaching and Learning Celebration and distribute information from the NYS Museum, Library, Archives and Public Broadcasting on how cultural education resources can be used in the classroom.  This event has become public television's largest professional development event for educators and, in the past two years, attached more than 12,000 educators.  Scheduled for March 7-8, 2008 in New York City and the event is presented by Thirteen/WNET and WLIW.  This year's theme is Science, Global Awareness and Instructional Technology:

www.thirteencelebration.org.

 CE (A) 1 World Science Festival – After a brief introduction regarding the World Science Festival and that it highlights science for a number of different audiences, Deputy Commissioner Jeffrey Cannell introduced Anne Schiano, Assistant Director, Office of Curriculum, Instruction and Instructional Technology who presented on the upcoming World Science Festival.  Ms. Schiano provided background information and opportunities for P-16, Cultural Education and in the long-term, to develop a plan to integrate the festival findings into school curriculum and develop teacher tool kits.

The Board of Regents and State Education Department have been asked to be a partner in the 2008 World Science Festival in New York City beginning May 28 through June 1, 2008 and is seeking approval for the State Education Department to participate in the World Science Festival with Regents as co-sponsors.

Remarks were made regarding the potential, if successful, to extend the event to Rochester, Buffalo and a BOCES for rural districts.  David Miller said this has potential and could eventually become a national model.

A packet of World Science Festival information was also provided to the Regents – FYI.

Motion by: Regent Phillips

Seconded by: Regent Gardner

Action:  Motion carried unanimously

CE (D) 1 2008 Update: Public Library Construction Needs in NYS Discussion: Needs, Progress, and Proposals

Janet Welch, State Librarian and Assistant Commissioner for Libraries, provided an update of needs, progress and proposals pertaining to this Regents Item.  In addition, a status report on the one-time appropriation of public library construction grants for 2007-08 was provided as well as a recommendation that the Regents work with the library community to develop and implement strategies for obtaining legislative approval and permanent ongoing funding for public library construction in New York State.

Ms. Welch introduced Barbara Lilley, State-aid Coordinator, State Library to present a briefing and background information on the proposal.  This program funds new construction, additions to buildings as well as renovations of existing structures. A recent survey shows a $2.1 billion need for Public Library Construction in the State. Approximately forty percent of all public library buildings are over 60 years old and another 30 percent are 30 years old.

Grace Kelly, Library Development, has scheduled five grant-writing workshops this year which provides information on how to apply for a grant, what is needed, documentation, etc. on the application and other sources of funding that is available including distributing information from NYSERTA regarding available funding for making a “green” building.

CE  (D) 2 Electronic Records in Government – Issues and Recommendations

Christine Ward, Assistant Commissioner for the NYS Archives presented the need to properly manage electronic records in both state and local government – a huge and growing problem that needs addressing immediately.  Working with the Office for Technology (OFT), a report is due at the end of April.  This report will focus on the broader issue of electronic records in state government.  This year, several other bills have been introduced that deal with electronic records issues and hope the Archives will be part of the discussions that go forward to ensure that there is consistency in the legislation and that our expertise and experience are used to inform decisions.  We recommend asking the Legislators to provide resources to address this problem and continue our request in our budget initiatives.

Ms. Ward introduced Geof Huth of the New York State Archives.   Mr. Huth provided some background and update information:

Signed on August 1, 2007, Chapter 477 of the Laws of 2007 required that on or before January 15, 2008, the Director of the Office for Technology (OFT) submit a report to the Governor and leaders of the State Legislature concerning electronic document policy for New York State.  Specifically, the 2008 report was to address the mechanisms and processes for obtaining access to and reading electronic data so that such data can be created, maintained, exchanged, and preserved by the state in a manner that encourages appropriate government control, access, choice, interoperability, and vendor neutrality.

The report will take into account public access, the expected storage life of electronic documents, the costs of implementation, cost savings, and the policies of other states, nations, and state archives. OFT's Director was instructed to work with the offices of the state comptroller, attorney general, state archives, and state historian, and solicit comments from members of the public.

  • A workgroup was formed and met starting in August 2007.
  • The workgroup drafted an extensive Request for Public Comments (RFPC), which was released on December 12, 2007.
  • The RFPC was in two parts: an initial list of general questions, and a second portion with detailed questions.
  • OFT submitted a preliminary report to the Legislature on January 15, 2008. Currently, the Legislature is considering a bill to extend the deadline for the final report to April 30.
 



GENERAL FINDINGS

The primary recommendation of the preliminary report is that the State needs to take measured steps to integrate the desired feature of open formats into existing State technology procurement processes, but not at the cost of other needed functionality.  Open formats are free (or largely free) of legal restrictions on use and modification, and all of the technical documentation that enables programmers to develop software that can create and access files in the format is publicly available. This makes them ideal for use by government, especially for records of long-term value



SELECTED RECOMMENDATIONS

Use Openness to Support Accessibility

The State will increase accessibility of its electronic records the more the formats in which those records are maintained are “open.”

Make Records Management an Essential Part of the Solution

State agencies should develop effective records management programs.  State agency e-records creators should carefully consider the design of the electronic records system and the file formats at the point of creation of the records, recognizing that it is much easier and cheaper to build in components, such as records retention controls, at this early stage than to wait until later.

Begin Preservation at Birth

Preservation issues should be considered at the time of e-record creation to ensure long-term access for those records that warrant it and to realize cost savings.

Provide Resources to Address this Problem

The NYS Legislature and the Division of Budget should support State agencies' budgetary requests intended to implement e-records recommendations. The Legislature and the Division of Budget should support budgetary requests from NYSA and other agencies intended to implement e-records recommendations.

Provide Enforcement Authority

The majority of existing statutory authority for OFT and the State Archives regarding e-records is sufficient, with the exception of the lack of enforcement authority vested in the State Archives.

Create a State Electronic Records Committee

The Legislature should create an Electronic Records Committee (ERC) that can oversee the development of open format policies and other electronic records policies for the state.

Promote Openness via Legislation

The NYS Legislature may wish to evaluate the desirability of:

(a) declaring within statute "openness" in technology as Statewide public policy;

(b) defining in statute what open formats and open standards mean, for State purposes;

(c) requiring State agencies to make e-records available in whatever formats citizens request, within reason; or

(d) enhancing the State Archives’ statutory authority to include enforcement authority.

Collaborate with Local Governments on Openness

Respect the links between State agencies and local governments, and collaborate on openness, formatting, and preservation issues and solutions.



Address Electronic Discovery via Openness

The Office of the Attorney General (OAG) needs to be part of any collaborative discussions on integrating openness into the State's technology procurements to ensure that the types of access needed by the OAG are addressed, and that any solutions work with the OAG's preferred litigation support software.



WHAT WE ARE DOING

Promoting Access to Records

The State Archives sees in this report both the opportunity to find new ways to preserve the electronic records of state government and to provide better access to public records, both of which are key aspects of our work and possible through the use of open formats.

Promoting Good Records Management

This report makes clear that good records management practices will lead to good quality and accessible records, both supported through the use of open document formats. The Archives has redoubled its efforts to provide high-quality technical advice to state agencies on all aspects of records management, including electronic records.

Finding Resources

The report and its recommendations will set the stage for one of the 2008-09 Regents’ budget initiatives that requests $500,000 to carry out an analysis of the status of electronic records in state and local government and develop a strategy to meet the needs identified.

Revising Legislation

As part of its five-year strategic plan, the Archives is considering what legislative revisions are needed to support our work. We will be looking closely at the Archives’ lack of any authority to compel state agencies to manage their records properly, especially their fragile electronic records.

Promoting a State Electronic Records Committee

The Archives has been extending its reach to colleagues in other state agencies, and we will work with OFT to promote the creation of a state electronic records committee that will be able to coordinate the numerous electronic records issues in the state, including open formats.

Integrating State and Local Records Services

For many years, the State Archives has integrated its state and local services, with the idea that state agencies and local governments work closely together, often sharing the same records. We are looking for ways to use this report to encourage even more synergistic integration of state and local records management.

It is proposed that the Regents discuss next steps to ensure that the Governor and the Legislature consider and act on the Report’s recommendations.

 


REGENTS SUBCOMMITTEE ON AUDITS

Your Regents Subcommittee on Audits met yesterday morning.

An SED Internal (Executive) Audit Workgroup comprised of Deputy Commissioners Savo and Ahearn, Coordinator Chuck Szuberla from EMSC, the Director of Audit Services, Jim Conway, and others has been formed to channel and focus the work of the Subcommittee.  The Workgroup meets between Regents meetings and has developed a process for identifying specific school districts with significant audit findings and will track their corrective action plans. This represents a shift in focus from reviewing 30-40 audits each month to a much tighter focus on a few significant audits.  A written review of the Workgroup’s findings was included in our Subcommittee’s materials.  We also discussed options available to the Department in addressing audit findings. 

The Office of the State Comptroller (OSC) will be reviewing corrective actions plans for all schools districts and will notify both the district and SED if there are any deficiencies.  SED can then follow-up with possible actions, if necessary. 

Staff presented the first of a series of discussions on audit trends.  This month the Subcommittee members were briefed on Claims Processing.  Claims Processing is a trend that has been identified through the audits conducted by the Office of the State Comptroller. The trend presented involved weaknesses in the claims processing function. Staff described the type of audit findings, the criteria that exist to guide the function, and activities the Department has taken to support school district compliance in this area.

Audits presented to the Subcommitee identified findings in the areas of procurement, claims processing, payroll, cash, financial reporting, information technology, conflicts of interest, and the extraclassroom activity fund.

The following audits were presented for our review.

Office of the State Comptroller

  Arkport Central School District

Ausable Valley Central School District

East Williston Union Free School District

Fishers Island Union Free School District

Fonda-Fultonville Central School District

Freeport Union Free School District

Frontier Central School District

Harborfields Central School District

Hunter-Tannersville Central School District

Iroquois Central School District

Liberty Central School District

Menands Union Free School District

Moravia Central School District

Mount Vernon City School District

Nanuet Union Free School District

Naples Central School District

New Paltz Central School District

Orchard Park Central School District

Oyster Bay - East Norwich Central School District

Portville Central School District

Putnam Valley Central School District

Rockville Centre Union Free School District

Rotterdam-Mohonasen Central School District

South Colonie Central School District

South Kortright Central School District

Watervliet City School District

Watkins Glen Central School District

White Plains City School District

 

A
ppendix I

NEW YORK STATE BOARD OF REGENTS CHARTER ACTION

 


CULTURAL EDUCATION

AMENDMENT OF CHARTER

CORTLAND
FREE LIBRARY

Cortland
, Cortland County

An absolute charter in the first instance was granted to this corporation by action of the Board of Regents under the corporate name “The Franklin Hatch Library Association” on May 10, 1886 to operate an association library.  Such absolute charter was amended by Regents action on July 20, 1925 to include a name change to “Cortland Free Library.”   The board of trustees has applied for an amendment to the absolute charter to increase the service area from the City of Cortland to include the Town of Cortlandville and the Town of Virgil, to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served, and to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3).   The Office of Cultural Education recommends that the absolute charter be amended accordingly.

PROVISIONAL CHARTERS

MAMAKATING HISTORICAL SOCIETY

Summitville, Sullivan County

The board of trustees has petitioned the Board of Regents to form a corporation to recognize and preserve the heritage and history of the Town of Mamakating; to have programs and promote the people and places of interest in the town such as the D & H Canal and other important businesses; to have activities and programs that will help residents become educated with the history of the town and area; to help preserve and record all the cemeteries in the town that are no longer active and research the lives of the former residents buried there; to educate the children of the town and surrounding areas in the history of the area with programs at schools and displays; to own, hold, acquire, preserve and maintain objects, papers, and artifacts that are loaned or given to the society The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

THE NEW YORK AFRICAN AMERICAN HISTORICAL SOCIETY

New York City
, New York
County

The board of trustees has petitioned the Board of Regents to form a corporation to promote history and educate the public regarding the historical and cultural experience of African Americans, especially in New York; to identify, research, preserve and disseminate accurate and appropriate historical and genealogical information; to gather, collect, own, hold, preserve, display and make available for study appropriate historical artifacts, books, manuscripts, papers, photographs, and other records and materials; to encourage the suitable marking of places of historic interest;  to organize and sponsor seminars, forums, workshops, meetings, programs and events, sponsor exhibits, and issue publications in any format; to expand the knowledge base and raise community consciousness regarding the historical, cultural, and genealogical heritage of African Americans; to identify, research and preserve the African-American legacy and lore; and to cooperate with city, borough and state officials and historical organizations to collect and preserve materials of citywide, regional and statewide significance.  The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.


ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

AMENDMENT AND EXTENSION OF CHARTERS

OUR LADY OF BLACK ROCK SCHOOL

Buffalo
, Erie County

A provisional charter was granted to this corporation by action of the Board of Regents on March 25, 1988 to operate a nursery school and a kindergarten through grade eight elementary school.  Such provisional charter was extended by Regents action on July 23, 1993.  The board of trustees has applied for an amendment to the provisional charter to specify the school address to be 16 Peter Street, Buffalo, New York 14207, to reflect that the corporation is a corporation with members, to specify the members and trustees of the corporation; to specify the powers reserved to the members and to amend the dissolution language and, as so amended, be extended.  The Office of Nonpublic School Services recommends that the provisional charter be amended accordingly and, as so amended, extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

ST. DOMINIC SAVIO MIDDLE SCHOOL

Niagara Falls, Erie County

A provisional charter was granted to this corporation by action of the Board of Regents on July 18, 2002 to operate a grade six through eight middle school.  Such provisional charter was amended by Regents action to specify that the corporation is a corporation with members and, as so amended, was extended.   The board of trustees has applied for an amendment to the provisional charter to change the corporate name to “Catholic Academy of Niagara Falls”, to specify the corporate business office to be 1040 Cayuga Drive, Niagara Falls, New York 14304, to add authority for the corporation to also operate at the following three sites: a) St. Dominic Savio Middle School, 504 66th Street, Niagara Falls, New York 14304, offering grades six through eight; b) Prince of Peace, 1055 North Military Road, Niagara Falls, New York 14304, offering grades pre-kindergarten through five; c) Our Lady of Mount Carmel, 2499 Independence Avenue, Niagara Falls, New York 14304, offering grades pre-kindergarten through five, to specify the members and trustees of the corporation; to amend and restate the powers reserved to the members and to amend the dissolution language and, as so amended, be extended.  The Office of Nonpublic School Services recommends that the provisional charter be amended accordingly and, as so amended, be extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter. 

PROVISIONAL  CHARTERS

HOLY
FAMILY SCHOOL

LeRoy
, Genesee County

The board of trustees has petitioned the Board of Regents to form a membership corporation to operate a kindergarten through grade eight elementary school.  The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.

IMMACULATE CONCEPTION SCHOOL OF ALLEGANY COUNTY

Wellsville, Allegany County

The board of trustees has petitioned the Board of Regents to form a membership corporation to operate a nursery school and a kindergarten through grade eight elementary school. The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.

NORTH TONAWANDA
CATHOLIC SCHOOL

North Tonawanda
, Niagara County

The board of trustees has petitioned the Board of Regents to form a membership corporation to operate a pre-kindergarten, a kindergarten, and a grade one through eight elementary school.  The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.

NORTHERN CHAUTAUQUA CATHOLIC SCHOOL

Dunkirk
, Chautauqua County

The board of trustees has petitioned the Board of Regents to form a membership corporation to operate a pre-kindergarten, a kindergarten, and a grade one through eight elementary school.  The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.

 

Appendix II

REGENTS ACTIONS IN 39 PROFESSIONAL DISCIPLINE CASES

AND 2 RESTORATION PETITIONS

February 11-12, 2008

              The Board of Regents announced disciplinary actions resulting in the surrender of 4 licenses and 1 registration, and 34 other disciplinary actions.  The penalty indicated for each case relates solely to the misconduct set forth in that particular case.  In addition, the Board acted upon 2 restoration petitions.

Nursing

              Rhonda Lee Henry a/k/a Rhonda L. Cohen a/k/a Rhonda Lee Cohen; Licensed Practical Nurse, Registered Professional Nurse; 274 Guy Park Avenue, Amsterdam, NY 12010; Lic. Nos. 183360, 437390; Cal. Nos. 23458, 23459; Application to surrender licenses granted.Summary: Licensee admitted to charges of falsely documenting the withdrawal of controlled substances and one physician’s order, and submitting a false application for employment.

Pharmacy

              AlthealthParkSlope, LLC d/b/a Althealth Pharmacy; Pharmacy; 1702 8th Avenue, Brooklyn, NY 11215; Reg. No. 027602; Cal. No. 23795; Application to surrender registration granted.  Summary: Registrant admitted to charges of having, through its President and supervising pharmacist, stolen prescription pads, having completed fraudulent prescriptions, including signing the name of the prescriber, and having submitted said fraudulent prescriptions for payment.

              Nelson Pang; 301 East 45th Street, New York, NY 10017; Lic. No. 044595; Cal. No. 23796; Application to surrender license granted.  Summary: Licensee admitted to charges of stealing prescription pads, completing fraudulent prescriptions, including signing the name of the prescriber, and submitting said fraudulent prescriptions for payment.

Public Accountancy

              John E. Fasciana; Certified Public Accountant; 117 Succabone Road, Bedford Hills, NY 10507-2230; Lic. No. 037032; Cal. No. 23687; Application to surrender license granted.  Summary: Licensee did not contest charges of having been convicted of Conspiracy to Commit Mail Fraud and Wire Fraud; Mail Fraud; and Wire Fraud.

 


II. OTHER REGENTS DISCIPLINARY ACTIONS


Acupuncture

              Andrea Marie Gurciullo; 2 Richmond Road, Lido Beach, NY 11561; Lic. No. 001113; Cal. No. 23148; Application for consent order granted; Penalty agreed upon: 1 year actual suspension, 1 year stayed suspension, 2 years probation, $1,000 fine.


Architecture

              Allison Voelker Kohler; 439 A Tehama Street, San Francisco, CA 94103; Lic. No. 027267; Cal. No. 23436; Application for consent order granted; Penalty agreed upon: 1 year actual suspension, 2 years probation to commence upon return to practice in New York State, $500 fine payable within 6 months.


Chiropractic

              Michael Lee Taub; 349 North Fulton Avenue, Mt. Vernon, NY 10552; Lic. No. 008162; Cal. No. 23531; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

              Marc Rabinowitz; 223 Hurley Avenue, Kingston, NY 12401; Lic. No. 008529; Cal. No. 23654; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $2,500 fine.


Dentistry

              Kristine M. Peterson a/k/a Kristine Aldrich; Dental Hygienist; 5214 US Route 11, Homer, NY 13077; Lic. No. 019421; Cal. No. 23279; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.


Nursing

              Nelia Prego Cordero; Licensed Practical Nurse, Registered Professional Nurse; 56 North Railroad Street, Staten Island, NY 10312; Lic. Nos. 198927, 535365; Cal. Nos. 23055, 23056; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

              Debra Susan McLaughlin; Registered Professional Nurse; 6688 Baptist Church Road, Ovid, NY 14521-9723; Lic. No. 456030; Cal. No. 23155; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation, $500 fine.

              MichaeleneA. Mayes; Licensed Practical Nurse; 7 Valley Vista, Kirkwood, NY 13795; Lic. No. 247905; Cal. No. 23218; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $250 fine.

              Melissa Buschor; Licensed Practical Nurse; 154 Riverside Avenue, Mastic Beach, NY 11951; Lic. No. 256080; Cal. No. 23219; Found guilty of professional misconduct; Penalty: Indefinite suspension until fit to practice, upon termination of suspension 2 years probation.

              AllysenStorch; Registered Professional Nurse; 45 Birch Court Apartments, Middletown, NY 10940; Lic. No. 447203; Cal. No. 23341; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

              Theresa Ahmed; Licensed Practical Nurse, Registered Professional Nurse; 2160 Madison Avenue, New York, NY 10037; Lic. Nos. 220588, 470704; Cal. Nos. 23423, 23424; Found guilty of professional misconduct; Penalty: 1 year suspension of licenses, execution of suspension of licensed practical nurse license stayed and execution of last 9 months of suspension of registered professional nurse license stayed, probation of licenses 1 year, to run concurrently with suspension of licenses, 25 hours public service in total upon licenses concurrently.

              Christine L. Britton; Registered Professional Nurse; 24 Muttontown Lane, East Norwich, NY 11732; Lic. No. 506832; Cal. No. 23467; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until successful participation in course of therapy and treatment and until fit to practice, upon termination of suspension 2 years probation to commence upon return to practice, $500 fine.

              Elizabeth Rand Internicola; Registered Professional Nurse; 2191 Bedell Road, Grand Island, NY 14072; Lic. No. 383727; Cal. No. 23529; Found guilty of professional misconduct; Penalty: Indefinite suspension until both termination of criminal probation and until fit to practice, upon termination of suspension 2 years probation to commence upon return to practice, $500 fine payable within 6 months.

              Jennifer Tara Washington a/k/a Jennifer Konitsiotis; Registered Professional Nurse; 4201 Fairway East, Liverpool, NY 13090; Lic. No. 508101; Cal. No. 23533; Found guilty of professional misconduct; Penalty: Indefinite suspension until successful completion of a course of evaluation and treatment and until fit to practice, upon termination of suspension 2 years probation to commence upon return to practice.

              Rhonda Tindal; Licensed Practical Nurse; 23 Trestle Trail, North Chili, NY 14514; Lic. No. 241235; Cal. No. 23562; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

              Jeannine Bruno; Licensed Practical Nurse; 622 Plainview Road, Plainview, NY 11803; Lic. No. 262264; Cal. No. 23563; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation.

              Betty J. Jackson; Licensed Practical Nurse, Registered Professional Nurse; 124 Arnett Boulevard, Rochester, NY 14619; Lic. Nos. 196772, 412613; Cal. Nos. 23590, 23589; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation to commence if and when return to practice, $750 fine payable within 6 months.

              Mike Belony a/k/a Miko R. Belony; Licensed Practical Nurse; 240-08 146th Avenue, Rosedale, NY 11422; Lic. No. 259941; Cal. No. 23618; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $1,000 fine, 100 hours public service.

              Stacie Lee Majesky a/k/a Stacie Miller a/k/a Stacie L. Miller; Registered Professional Nurse; 125 West William Street, Corning, NY 14830; Lic. No. 500297; Cal. No. 23630; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

              James D. Daniels; Licensed Practical Nurse; 100 Salisbury Street, Rochester, NY 14609; Lic. No. 285069; Cal. No. 23642; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $250 fine.

              Renee L. McKay; Licensed Practical Nurse; 310 Prach Road Extension, P.O. Box 731, Philmont, NY 12565; Lic. No. 277149; Cal. No. 23647; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $250 fine.

              OrethaF. Chambers; Licensed Practical Nurse; 475 Linden Boulevard, Brooklyn, NY 11203; Lic. No. 266068; Cal. No. 23649; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

              Susan S. Mollin; Registered Professional Nurse; 550 Warren Street, Fayetteville, NY 13066; Lic. No. 340881; Cal. No. 23684; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

              Dorothy L. Whalen; Registered Professional Nurse; 76 Belfry Mountain Road, Witherbee, NY 12998; Lic. No. 518382; Cal. No. 23691; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for no less than 2 months and until fit to practice, upon termination of suspension 2 years probation to commence upon return to practice.

              Irma Smiley-Henry a/k/a Irma Henry; Licensed Practical Nurse; 84-29 155th Avenue, Howard Beach, NY 11414; Lic. No. 225867; Cal. No. 23697; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $1,500 fine.

              Arlene R. Frey; Licensed Practical Nurse; 82 Montezuma Street, Lyons, NY 14489; Lic. No. 150426; Cal. No. 23723; Found guilty of professional misconduct; Penalty: Indefinite suspension until fit to practice, upon termination of suspension 2 years probation to commence if and when return to practice.


Pharmacy

              Joseph Anthony Violano, Jr.; 921 Park Drive, Wantagh, NY 11793-1150; Lic. No. 046923; Cal. No. 23147; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation.

              Eric J. Bogdanowicz; 14 Timber Lane, Lake George, NY 12845; Lic. No. 039733; Cal. No. 23481; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $1,000 fine.

              JoymaEnterprises, Inc. d/b/a Penn-Sutter Pharmacy; Pharmacy; 642 Sutter Avenue, Brooklyn, NY 11207; Reg. No. 022567; Cal. No. 23664; Application for consent order granted; Penalty agreed upon: 1 year probation, $2,500 fine.


Public Accountancy

              Martin Galuskin; Certified Public Accountant; 197 Route 18 South, East Brunswick, NJ 08817; Lic. (Cert.) No. 024397; Cal. No. 23614; Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 18 month stayed suspension, 2 years probation, $5,000 fine.


Respiratory Therapy

              John Douglas Norton; Respiratory Therapist; 7614 Academy Street, Westfield, NY 14787-1338; Lic. No. 002706; Cal. No. 23674; Application for consent order granted; Penalty agreed upon: 1 year actual suspension, 2 years probation to commence upon return to practice.


III. RESTORATIONS

The Board of Regents voted on February 12, 2008 to deny the petition for restoration of the physician license of Guy Denis, 38 Tanglewood Drive West, P.O. Box 421, Orchard Park, NY 14127-0421. Dr. Denis’ license was originally surrendered effective May 21, 1993.

              The Board of Regents voted on February 12, 2008 to grant the petition for restoration of the physician license of Jhong Young Jhun, 2307 Windsor Park Court, Englewood, NJ  07631. Dr. Jhun’s license was originally surrendered effective December 25, 1992.