SUMMARY OF ACTIONS TAKEN AT THE BOARD OF TRUSTEES’ JUNE 24, 2002 BOARD MEETING The meeting was called to order at 4:33 P.M. Items were considered in the following order: No. 9 RESOLUTION OF APPRECIATION - CHARLES C. KIDD, SR.: WHEREAS, Dr. Charles C. Kidd, Sr., was named President of York College at The City University of New York by the Board of Trustees in August 1996; and WHEREAS, Dr. Kidd's six years of service reflected his longstanding commitment to higher education and distinguished career as an educator and administrator at institutions across the nation; and WHEREAS, During Dr. Kidd's stewardship, new academic opportunities, student internships and scholarships were initiated to advance the educational aspirations and career goals of the York College student body; and WHEREAS, During Dr. Kidd's tenure, new community projects were established, including the expansion of educational programs in Far Rockaway, Rochdale Village, and other neighboring communities; and WHEREAS, York College's continued growth and enhancement is vitally important to the educational and economic well-being of the Greater Jamaica community, Queens County, the City and State; be it therefore RESOLVED, That the Board of Trustees of The City University of New York expresses its deep appreciation to Dr. Charles C. Kidd, Sr., for his service as President of York College, and wishes him every success in his future endeavors. No. 10 RESOLUTION OF APPRECIATION - GEORGE J. RIOS: WHEREAS, The Honorable George J. Rios has served with exemplary dedication as a member of the Board of Trustees of The City University of New York from July 2, 1996 to June 19, 2002; and WHEREAS, The City University of New York and its constituents have greatly benefited from his thirty years of experience in the senior management of federal, state, city, and private sector administrations; and WHEREAS, He has served with distinction as Chairman of the Board of Trustees' Audit Committee, and as a member of the Board's Standing Committees on Faculty, Staff, and Administration, and Student Affairs and Special Programs; as well as a member of the Presidential Search Committees for Baruch College, City College, and Kingsborough Community College; and WHEREAS, As an alumnus of Hunter College and of John Jay College of Criminal Justice he has a deep personal understanding and special commitment to The City University's vital role in fulfilling the aspirations and dreams of its students; and WHEREAS, During his tenure as a member of the Board of Trustees, he advocated high standards of academic integrity; now therefore be it RESOLVED, That the Board of Trustees expresses its most sincere thanks and deepest appreciation to the Honorable George J. Rios for his outstanding service to the students, the Board, and the University and wishes him continued success in all his future endeavors. No. 11 RESOLUTION OF APPRECIATION - JOHN MORNING: WHEREAS, The Honorable John Morning has served with exemplary dedication as a member of the Board of Trustees of The City University of New York from August 2, 1997 to June 30, 2002; and WHEREAS, His wide-ranging experience in banking, higher education, philanthropy, the visual arts, and historic preservation greatly enhanced the deliberations of the Board of Trustees and its committees; and WHEREAS, He has served with distinction as Vice Chairman of the Board's Standing Committee on Academic Policy, Program, and Research; as former Chairman of the Committee on Facilities Planning and Management; and as a member of the Committee on Fiscal Affairs; as well as membership on the Presidential Search Committees for City College and Queensborough Community College; and WHEREAS, The Honorable John Morning vigorously and eloquently defended the concerns of CUNY's students and faculty, and was committed to policies and practices that would improve the quality of academic life at the University; now therefore be it RESOLVED, That the Board of Trustees of the City University of New York expresses its most sincere thanks and deepest appreciation to The Honorable John Morning for his distinguished service to the students, the Board, and the University, and wishes him continued success in all his future endeavors. No. 12 RESOLUTION OF APPRECIATION - BERNARD SOHMER: WHEREAS, The Honorable Bernard Sohmer has served with distinction as the ex officio faculty member of the Board of Trustees from May, 1998 to May, 2002; and WHEREAS, During his twenty-two years as a member of the Executive Committee of the University Faculty Senate Professor Sohmer served with devotion and dedication on countless standing and ad hoc Board of Trustees' committees; and WHEREAS, Dr. Sohmer brought to the deliberations of the Board and its committees an extraordinary wit and a gracious manner, as well as the insights and judgment of a wide academic background and a comprehensive knowledge of college affairs; and WHEREAS, He has been unflagging in his commitment and dedication to the educational mission of The City University of New York to provide access and academic excellence to the citizenry of New York; now therefore be it RESOLVED, That the Board of Trustees of The City University of New York expresses its most sincere thanks and deepest appreciation to The Honorable Bernard Sohmer for his distinguished service to the students, the Board, and the University and wishes him continued success in all his future endeavors. No. 1 UNIVERSITY REPORT - JUNE 24, 2002, resolution unanimously adopted to include Addendum and Errata items. No. 2 CHANCELLOR'S REPORT - JUNE 24, 2002, resolution unanimously adopted to include Addendum and Errata items. No. 3 APPROVAL OF THE MINUTES: The minutes of the regular Board meetings and Executive Session of May 28, 2002 were unanimously approved. No. 4 COMMITTEE ON FISCAL AFFAIRS: A. BARUCH COLLEGE - NETWORK INFRASTRUCTURE INITIATIVE (NII) - PHASE I: Resolution unanimously adopted. B. LEHMAN COLLEGE - NETWORK INFRASTRUCTURE INITIATIVE (NII) - PHASE II: Resolution unanimously adopted. C. THE COLLEGE OF STATEN ISLAND - NETWORK INFRASTRUCTURE INITIATIVE (NII): Resolution unanimously adopted. D. THE CITY UNIVERSITY OF NEW YORK (CENTRAL OFFICE) - UNIVERSITY INITIATIVE FOR THE PURCHASE OF COMPUTER EQUIPMENT: Resolution unanimously adopted. E. THE CITY UNIVERSITY OF NEW YORK - UNIVERSITY INITIATIVE FOR THE UTILIZATION OF THE TECHNOLOGY FEE: Resolution unanimously adopted. F. THE CITY UNIVERSITY OF NEW YORK - BOARD POLICY ON PARKING FACILITIES: Resolution unanimously adopted. G. NEW YORK CITY COLLEGE OF TECHNOLOGY - VOORHEES ENDOWMENT FUND: Resolution unanimously adopted. H. BOROUGH OF MANHATTAN COMMUNITY COLLEGE - PURCHASE OF GUARD SERVICES - 2002-2003: Resolution unanimously adopted. I. LAGUARDIA COMMUNITY COLLEGE - JANITORIAL SERVICES CONTRACT:Resolution unanimously adopted. J. LAGUARDIA COMMUNITY COLLEGE - LEASE PURCHASE OF CANON COPIER EQUIPMENT: Resolution unanimously adopted. No. 5 COMMITTEE ON ACADEMIC POLICY, PROGRAM, AND RESEARCH: A. NEW YORK CITY COLLEGE OF TECHNOLOGY - BACHELOR OF TECHNOLOGY IN ARCHITECTURAL TECHNOLOGY: Resolution unanimously adopted. B. BRONX COMMUNITY COLLEGE - CERTIFICATE IN MEDICAL ASSISTANT: Resolution unanimously adopted. C.1. CITY COLLEGE - MSED PROGRAMS IN TEACHER PREPARATION: Resolution unanimously adopted. C.2. QUEENS COLLEGE - MSED PROGRAMS IN TEACHER PREPARATION: Resolution unanimously adopted. C.3. THE COLLEGE OF STATEN ISLAND - MSED PROGRAMS IN TEACHER PREPARATION: Resolution unanimously adopted. D. BARUCH COLLEGE - CENTER FOR INTEGRITY IN FINANCIAL REPORTING: Resolution unanimously adopted. E. LEHMAN COLLEGE - BACHELOR OF BUSINESS ADMINISTRATION (BBA) IN BUSINESS ADMINISTRATION: Resolution unanimously adopted. No. 6 COMMITTEE ON FACULTY, STAFF, AND ADMINISTRATION: A. BARUCH COLLEGE - ESTABLISHMENT OF THE IRWIN AND ARLENE ETTINGER CHAIR IN ACCOUNTANCY AT THE ZICKLIN SCHOOL OF BUSINESS: Resolution unanimously adopted. B. HOSTOS COMMUNITY COLLEGE - RENAMING OF THE HOSTOS COMMUNITY COLLEGE ADVISORY COUNCIL, INC., THE EUGENIO MARIA DE HOSTOS COMMUNITY COLLEGE FOUNDATION: Resolution unanimously adopted. C. BRONX COMMUNITY COLLEGE - RENAMING OF GOULD HALL OF TECHNOLOGY TO THE CARL J. POLOWCZYK HALL: Resolution unanimously adopted. D. QUEENS COLLEGE - RENAMING OF THE PRESIDENT'S CONFERENCE ROOM 1 THE ALEXANDER BRAGINSKY CONFERENCE ROOM IN THE BENJAMIN ROSENTHAL LIBRARY: Resolution unanimously adopted. E. LEHMAN COLLEGE - PROPOSED AMENDMENT TO THE GOVERNANCE PLAN: Resolution unanimously adopted. F. DISTINGUISHED PROFESSORS: Resolution unanimously adopted. G. (REVISED) THE CITY UNIVERSITY OF NEW YORK - 2002 EARLY RETIREMENT INCENTIVE PROGRAM: Resolution unanimously adopted. WHEREAS, Chapter 69 of the Laws of 2002 has been approved by the New York State Legislature and signed by the Governor; and WHEREAS, Chapter 69 of the Laws of 2002 has two parts, Part A and Part B, which offer different and exclusive incentives for retirement; and WHEREAS, Part A of Chapter 69 of the Laws of 2002 provides that the Board of Trustees may elect to provide its employees the retirement incentive authorized therein; and WHEREAS, Part B of Chapter 69 of the Laws of 2002 provides that the Board of Trustees must participate in this section of the law, but has the authority to establish the 90 day open period for participation by eligible employees; therefore, be it RESOLVED, That the Board of Trustees of The City University of New York approves the participation of The City University of New York, including the senior and community colleges, in the Retirement Incentive Program provided by Part A of Chapter 69 of the Laws of 2002, and be it further RESOLVED, With respect to the Retirement Incentive Program provided by Part A of Chapter 69 of the Laws of 2002, that full-time faculty will be eligible to participate and that other titles eligible to participate will be determined by the Chancellor; and be it further RESOLVED, That the open period for "college faculty" as defined in Part A will commence on October 31, 2002 and conclude on January 28, 2003; and the open period for eligible employees other than "college faculty" will commence on October 3, 2002 and conclude on December 31, 2002; and be it further RESOLVED, That there be a single open period for all eligible employees to participate in the program provided pursuant to Part B of Chapter 69 of the Laws of 2002, which will commence on October 31, 2002 and conclude on January 28, 2003; and be it further RESOLVED, That the Chancellor is authorized to take all steps necessary to implement the Retirement Incentive Programs provided by Part A and Part B of Chapter 69 of the Laws of 2002 and that the Board of Trustees will receive appropriate reports on the impact of the Programs. EXPLANATION: Part A of Chapter 69 of the Laws of 2002 grants the University the option to participate in the State's Early Retirement Incentive (ERI). The University is choosing to participate in the ERI with the goal of reshaping the faculty, consistent with the Master Plan. The legislation provides certain eligible employees who are age 50 or over with at least 10 years of service the opportunity to retire. The legislation prescribes that the open period cannot exceed 90 days in length and further prescribes dates by which the open period must end for instructional staff and classified staff. The legislation also requires that the Board of Trustees must adopt a resolution to provide the retirement incentive on or before August 31, 2002. Part B of Chapter 69 of the Laws of 2002 provides certain eligible employees who are age 55 or over with at least 25 years of service with a 90 day opportunity to retire without benefit reductions that would ordinarily be applied. The incentive is available to members of the New York State and local employees' retirement system, the New York City teachers' retirement system, the New York City Board of Education retirement system, and the New York City employees' retirement system. While the law does not give The City University of New York an option whether or not to participate in Part B, it does permit the Board of Trustees to designate the 90 day open period within which eligible employees may participate. No.7 COMMITTEE ON FACILITIES, PLANNING, AND MANAGEMENT: A. KINGSBOROUGH COMMUNITY COLLEGE - WAREHOUSE MEZZANINE: Resolution unanimously adopted. B. THE CITY UNIVERSITY OF NEW YORK - SPACE FOR CAMPUS HIGH SCHOOLS AT THREE CUNY COLLEGES: Resolution unanimously adopted. C. MEDGAR EVERS COLLEGE - BEDFORD AVENUE LEASE: Resolution unanimously adopted. D. BOROUGH OF MANHATTAN COMMUNITY COLLEGE - JOHN STREET LEASE: Resolution unanimously adopted. E. THE CITY UNIVERSITY OF NEW YORK - AGREEMENT FOR CAPITAL PROJECT FINANCING WITH THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK: Resolution unanimously adopted. No.8 COMMITTEE ON STUDENT AFFAIRS AND SPECIAL PROGRAMS: A. MEDGAR EVERS COLLEGE - STUDENT ACTIVITY FEE RE-EARMARKING: Resolution unanimously adopted. B. BRONX COMMUNITY COLLEGE - STUDENT ACTIVITY FEE INCREASE: Resolution unanimously adopted. C. THE COLLEGE OF STATEN ISLAND - REVISION OF THE STUDENT GOVERNMENT CONSTITUTION (ARTICLES IV AND V(2) OF THE GOVERNANCE PLAN): Resolution unanimously adopted. D. QUEENS COLLEGE - STUDENT ACTIVITY FEE INCREASE: Resolution unanimously adopted. Upon motion duly made, seconded and carried, the public meeting was adjourned at 6:03 P.M. to go into Executive Session. The Executive Session was called to order at 6:05 P.M. There were present: Benno C. Schmidt, Jr., Vice Chairman Rev. John S. Bonnici John J. Calandra Wellington Z. Chen Kenneth E. Cook Alfred B. Curtis, Jr. Joseph J. Lhota Randy M. Mastro John Morning Carol A. Robles-Roman Nilda Soto Ruiz Jeffrey S. Wiesenfeld Richard J. Nunez-Lawrence, ex officio Susan O'Malley, ex officio Secretary Genevieve Mullin Vice Chancellor and General Counsel Frederick P. Schaffer Ms. Hourig Messerlian Ms. Lorrie Christian Chancellor Matthew Goldstein Executive Vice Chancellor Louise Mirrer Vice Chancellor Jay Hershenson Interim Vice Chancellor Ernesto Malave Vice Chancellor Brenda Richardson Malone Mr. Carmelo Batista, Jr. Mr. Raymond O' Brien The absence of Trustees Satish K. Babbar, and Kathleen M. Pesile was excused. The Board went into Executive Session to discuss collective bargaining contracts and other matters. The Executive Session was adjourned at 6:29 P.M. The public meeting was reconvened at 6:30 P.M. Items were considered in the following order: No. 4 COMMITTEE ON FISCAL AFFAIRS: (Continued) K. THE CITY UNIVERSITY OF NEW YORK - AUTHORIZATION OF CHANGES IN TUITION POLICY: WHEREAS, Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. § 1623 makes undocumented and out-of-status students ineligible for the resident rate of tuition; and WHEREAS, Student Advisory Memorandum No. 2001-02, dated November 2, 2001, announced that, in order to comply with federal law, The City University of New York would begin charging the non-resident rate of tuition to undocumented and out-of-status students in the spring term or semester; and WHEREAS, In order to ease the financial hardship on students affected by the change in policy, the Chancellor directed that those students should automatically qualify for the University's Hardship Deferral Program; and WHEREAS, The Chancellor has postponed the date by which such students must make their final payment under the Hardship Deferral Program, most recently until June 30, 2002, in order to permit the State Legislature to enact and the Governor to sign legislation that would create a new tuition category applicable to some or all of the affected students; and WHEREAS, The Governor has proposed such legislation, and it appears likely that it will be enacted shortly; be it therefore RESOLVED, That the Board of Trustees of The City University of New York ratifies the prior change in policy, set forth in Student Advisory Memorandum No. 2001-02, dated November 2, 2001; and be it further RESOLVED, That the Board of Trustees of The City University of New York authorizes the Chancellor to take such action as is necessary to implement any state law affecting tuition policy; and be it further RESOLVED, That the Board of Trustees of The City University of New York authorizes the Chancellor to incorporate the above-referenced changes in tuition policy in revisions to the Tuition and Fee Manual. EXPLANATION: In 1989 the University began treating as New York State residents for the purpose of tuition all undocumented or out-of-status alien students who could prove New York State residency for the previous 12 months or attended a New York City or State high school for the previous two semesters and who completed the "Undocumented or Out-of-Status Immigrant Affidavit" in compliance with the University's Tuition and Fee Manual. Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. § 1623, amended the immigration laws to provide: "Notwithstanding any other provision of law, an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State (or political subdivision) for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit (in no less an amount, duration, and scope) without regard to whether the citizen or national is such a resident." The legislative history of that provision states that pursuant to its terms, "illegal aliens are not eligible for in-state tuition at public institutions of higher education." H.R. Rep. No. 104-828, 194th Cong., 2d Sess. (September 24, 1996) at 240. On November 2, 2001, the University's General Counsel and Vice Chancellor for Legal Affairs, with the approval of the Chancellor, issued Student Advisory Memorandum No. 2001-02, which announced that effective the following term, the University would change its prior tuition policy in order to comply with federal law and that undocumented and out-of-status students would be charged the non-resident rate of tuition. In order to lessen the financial burden on students affected by this change in policy, the Chancellor subsequently directed that all such students would be automatically eligible for the University's Hardship Deferral Program and could therefore delay paying the additional amount of tuition until a later date. That date was postponed twice, most recently until June 30, 2002 in order to await a possible legislative change in tuition policy. Two other states, Texas and California, have established a tuition benefit that is available to undocumented and out-of-status students and that seeks to comply with federal law. Similar legislation was introduced in New York by Assemblypersons Rivera and Espaillat and Senator Espada. The Chancellor has expressed his support for such legislation, and the enactment of a bill proposed by the Governor appears imminent. This resolution authorizes the Chancellor to implement such legislation. It also ratifies his prior action in bringing the University into compliance with federal law. Resolution unanimously adopted. No. 6 COMMITTEE ON FACULTY, STAFF, AND ADMINISTRATION: (continued) H. THE CITY UNIVERSITY OF NEW YORK - APPROVAL OF THE 2000-2002 AGREEMENT WITH THE PROFESSIONAL STAFF CONGRESS/CUNY, THE 2000-2002 AGREEMENT WITH THE NEW YORK STATE NURSES ASSOCIATION, AND THE 2000-2002 AGREEMENT WITH LOCAL 384, DISTRICT COUNCIL 37, COVERING EMPLOYEES AT THE EDUCATIONAL OPPORTUNITY CENTERS: RESOLVED, That the collective bargaining agreement and the supplementary agreement covering Continuing Education between The City University of New York and the Professional Staff Congress/CUNY for the period August 1, 2000 through October 31, 2002, are hereby approved; and be it further RESOLVED, That the collective bargaining agreement between The City University of New York and the New York State Nurses Association for the period October 1, 2000 through December 31, 2002 is hereby approved; and be it further RESOLVED, That the collective bargaining agreement between The City University of New York and Local 384, District Council 37, covering employees at the EOCs for the period July 1, 2000 through September 30, 2002, is hereby approved; and be it further RESOLVED, That the Chancellor is hereby authorized and directed to execute the collective bargaining agreement and the supplementary agreement covering Continuing Education with the Professional Staff Congress/CUNY, the collective bargaining agreement with the New York State Nurses Association, and the collective bargaining agreement with Local 384, District Council 37, covering employees at the Educational Opportunity Centers. EXPLANATION: The prior collective bargaining agreements between The City University of New York and these three unions have expired. The prior agreement with the PSC expired on July 31, 2000. The prior agreement with the New York State Nurses Association expired on September 30, 2000. The prior collective bargaining agreement with Local 384, District Council 37, covering employees at the Educational Opportunity Centers expired on June 30, 2000. This resolution approves the successor 2000-2002 agreements. Resolution unanimously adopted. I. THE CITY UNIVERSITY OF NEW YORK - TITLES OR DUTIES EXCLUDED FROM AGREEMENTS WITH THE PROFESSIONAL STAFF CONGRESS/ CUNY: RESOLVED, That effective August 1, 2000, the articles identified below of the August 1, 2000 - October 31, 2002 collective bargaining agreement between The City University of New York and the Professional Staff Congress/CUNY shall apply to employees, other than those in the Executive Compensation Plan, the Medical Series, and the Law School Series, in functions or titles that are otherwise excluded from the agreement pursuant to Article 1 thereof for the period August 1, 2000 through October 31, 2002. Such application shall prevail during the time of service of a person in the designated titles or while the person is performing the functional duties that are the basis for exclusion from the agreement: Article 1 Recognition (insofar as exclusions from the unit are identified) Article 14 Leaves and Holidays (Except Section 14.9) Article 16 Temporary Disability or Parental Leave Article 17 Jury Duty Article 24 Salary Schedules (in the regular appointment title, exclusive of rems) Article 25 Research, Fellowship and Scholar Incentive Awards (for persons with faculty responsibility) Article 26 Welfare Benefits Article 27 Retirement Article 29 Waiver of Tuition Fees Article 30 Facilities and Services Article 31 Rehiring of Persons Who Are Discontinued Article 33 Faculty Development Article 36 Resident Series Article 42 Duration and be it further RESOLVED, That effective August 1, 2000, Articles 26 (Welfare Benefits), 27 (Retirement), and Article 34.1 or Article 35.1, as applicable, of the August 1, 2000 - October 31, 2002 collective bargaining agreement between The City University of New York and the Professional Staff Congress/CUNY shall apply to all employees in the Medical Series and the Law School Series, other than those in the Executive Compensation Plan, in the functions and titles that are excluded from the agreement pursuant to Article 1 thereof for the period August 1, 2000 through October 31, 2002. Such application shall prevail during the time of service of a person in the designated titles or while a person is performing the functional duties that are the basis for exclusion from the agreement; and be it further RESOLVED, That with respect to articles of the aforesaid agreement not made applicable to the titles and functions referred to above, the Chancellor may issue such rules as he deems appropriate to regulate matters otherwise covered by the agreement. EXPLANATION: In establishing the collective bargaining unit and during the course of subsequent negotiations with the Professional Staff Congress, certain employees of the University have been excluded from coverage under the agreement by virtue of their titles or functions, based upon the confidential, policy, or managerial responsibilities of the affected employees. University employees assigned to the titles or duties excluding them from the negotiated agreement, however, hold instructional staff titles that would otherwise be covered by the agreement. The University entering into a collective bargaining agreement did not intend to deprive its excluded employees of the provisions contained in the articles referred to in the resolution. The resolution is consistent with previous actions adopted following Board approval of the predecessor collective bargaining agreements. Upon motion duly made, seconded and carried, the public meeting was adjourned at 6:34 P.M.