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Meeting of the Board of Regents | December 2009

Tuesday, December 1, 2009 - 9:00am

sed seal                                                                                                 

 

THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

 

TO:

FROM:

Erin M. O'Grady-Parent

SUBJECT:

Proposed Amendment of section 3.2 of the Rules of the Board of Regents, relating to the Membership of a Chancellor Emeritus on the Regents Standing Committees

DATE:

December 8, 2009

STRATEGIC GOAL:

Goals 5 and 6

AUTHORIZATION(S):

 

 

SUMMARY

 

 
Issue for Decision (Consent Agenda)

 

              Should the Board of Regents amend section 3.2 of the Rules of the Board of Regents as an emergency action to provide for the ex officio membership of a Chancellor Emeritus on each standing committee of the Board of Regents?

 

Reasons for Consideration

 

              Review of policy.

 

Proposed Handling

 

The proposed amendment will come before the Full Board for emergency action at the December 2009 Regents meeting.  A Statement of the Facts and Circumstances Which Necessitate Emergency Action is attached.

 

Procedural History

 

              N/A

 

Background Information

 

              The proposed amendment is needed to clarify in the Regents Rules that a Chancellor Emeritus, who is also a current member of the Board of Regents, is an ex officio member of each standing committee of the Board of Regents.  This provision is appropriate and necessary to assist the Board of Regents to effectively meet its responsibilities to govern the University of the State of New York, determine the educational policies of the State and oversee the State Education Department. 

A Notice of Proposed Rule Making concerning the proposed amendment will be published in the State Register no later than December 23, 2009. 

Recommendation

             

              It is recommended that the Board of Regents take the following action:

              VOTED: That subdivision (b) of section 3.2 of the Rules of the Board of Regents be amended, as submitted, effective December 22, 2009, 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 clarify the ex officio membership of a Chancellor Emeritus on the standing committees of the Board of Regents, so that the sitting Chancellor Emeritus may immediately assume his privileges and duties with respect thereto, and thereby assist the Board of Regents to efficiently and effectively meet its statutory responsibilities.

Timetable for Implementation

              If adopted in December, the amendment will take effect as an emergency rule on December 22, 2009 and will remain in effect for 90 days.  It is anticipated that the proposed amendment will be presented for adoption as a permanent rule at the March 2010 Regents meeting.

Attachment

 

 

 

 

 

 

AMENDMENT OF SECTION 3.2(b) OF THE RULES OF THE BOARD OF REGENTS PURSUANT TO EDUCATION LAW SECTION 207, RELATING TO MEMBERSHIP OF A CHANCELLOR EMERITUS ON REGENTS STANDING COMMITTEES

              STATEMENT OF FACTS AND CIRCUMSTANCES WHICH NECESSITATE EMERGENCY ACTION

              The proposed amendment is needed to clarify in the Regents Rules that a Chancellor Emeritus, who is also a current member of the Board of Regents, is an ex officio member of each standing committee of the Board of Regents.

The Board of Regents has determined that this provision is appropriate and necessary to assist the Board of Regents to effectively meet its responsibilities to govern the University of the State of New York, determine the educational policies of the State and oversee the State Education Department. 

Because the Board of Regents meets at scheduled intervals, the earliest the proposed amendment could be presented for regular adoption, after publication of a Notice of Proposed Rule Making in the State Register and expiration of the 45-day public comment period prescribed in the State Administrative Procedure Act, is at the March 8-9, 2010 meeting of the Board of Regents.  If adopted at the March Regents meeting, the earliest the amendment could become effective is March 31, 2010.   However, in addition to the March 8-9, 2010 meeting, Regents meetings are also scheduled for January 11-12, 2010 and February 8-9, 2010.    

The proposed amendment is being adopted as an emergency rule upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare in order to clarify the ex officio membership of a Chancellor Emeritus on the standing committees of the Board of Regents, so that the sitting Chancellor Emeritus may immediately assume his privileges and duties with respect thereto, and thereby assist the Board of Regents to efficiently and effectively meet its statutory responsibilities.

It is anticipated that the proposed rule will be presented to the Board of Regents for adoption as a permanent rule at their March 8-9, 2010 meeting, which is the first scheduled meeting after expiration of the 45-day public comment period mandated by the State Administrative Procedure Act.

 

AMENDMENT OF SECTION 3.2(b) OF THE RULES OF THE BOARD OF REGENTS

              Pursuant to section 207 of the Education Law

              Subdivision (b) of section 3.2 of the Rules of the Board of Regents is amended, effective December 22, 2009, as follows:

              (b) The chancellor, [and] the vice chancellor, and any chancellor emeritus who is also a current member of the Board of Regents shall be ex officio members of each standing committee.