From the President
At its April 11, 2008, meeting, the College Senate voted to approve the following three motions brought forward by the Ad Hoc Committee on Graduate Issues and to forward them to the president for approval:

Motion I of the Ad Hoc Committee on Graduate Issues on Graduate Student Representation

WHEREAS, the College Senate is “the official agency through which faculty and students engage in governance of the college”; and

WHEREAS, graduate students represent a significant component of the college’s student body; and

WHEREAS, graduate students have issues and perspectives that differ from the undergraduate student body; and

WHEREAS, the current bylaws and policies of the Senate make no formal provision for representation of graduate students on the Senate,

THEREFORE, BE IT RESOLVED that the College Senate support the principle of graduate student representation on the College Senate.

I accept the recommendation of the College Senate and charge the provost with the responsibility of establishing the protocol to ensure representation of graduate students on the College Senate.

Motion II of the Ad Hoc Committee on Graduate Issues on Membership of the Chair of the Graduate Advisory Council on the Senate Agenda Committee

WHEREAS, the Graduate Advisory Council plays an important role in governance of graduate programs; and

WHEREAS, the governance and oversight of graduate programs can be improved by more effective interaction between the Graduate Advisory Council and Senate leadership; and

WHEREAS, the Senate Agenda Committee “advises the chair of the College Senate on the dispatch of Senate business,”

THEREFORE, BE IT RESOLVED that the Standing Rules of the College Senate and the College Senate Handbook be amended as follows. The amendments provide for membership of the chair of the Graduate Advisory Council on the Senate Agenda Committee.

1. Amendment to College Senate Standing Rules Section 1.2. (Addition is indicated by bold, italicized text.)

“Agenda Committee. The vice chair, an elected student senator, the chair of the Graduate Advisory Council, and the senior university senator shall be members of the Agenda Committee. Further details about the Agenda Committee are provided in the College Senate Handbook, Section III. The Agenda Committee shall advise the chair of the College Senate on the dispatch of Senate business to ensure that matters submitted for Senate consideration shall be properly included under one or another of the headings in the Order of Business. The Agenda Committee shall make no determination as to the merits of matters received for consideration of the Senate.”

2. Amendment to the College Senate Handbook under Standing Committees (p. 6). (Addition is indicated by bold, italicized text.)

“The Agenda Committee is chaired by the chair of the Senate and includes the vice chair, an elected student senator, the senior university senator, the chair of the Graduate Advisory Council, and at least three other members of the Senate appointed by the chair. The duties and obligations of the Agenda Committee are addressed in both the Standing Rules and the College Senate bylaws.”

I accept the recommendation of the College Senate and hereby approve amendments to the Standing Rules of the College Senate and the College Senate Handbook to reflect the inclusion of the chair of the Graduate Advisory Council as a member of the College Senate Agenda Committee.

Motion III of the Ad Hoc Committee on Graduate Issues on Graduate Faculty Representation on Senate Standing Committees

WHEREAS, the College Senate, as the “principle deliberative and advisory body of the college,” has a role in reviewing issues related to graduate students and the Graduate School; and

WHEREAS, the governance structure of the College Senate relies on eight standing committees; and

WHEREAS, issues of importance to graduate students and the Graduate School span the charges of the eight standing committees; and

WHEREAS, the ability of standing committees to review issues related to graduate students and the Graduate School would be facilitated by representation of graduate faculty on the committees,

THEREFORE, BE IT RESOLVED that the College Senate Handbook be amended as follows. The amendment provides for representation of graduate faculty who participate in graduate programs on all standing committees and for graduate faculty status to be indicated on committee rosters.

Amendment to College Senate Handbook (p. 6). (Addition is indicated by bold, italicized text.)

“Committee Chairs. Committee chairs have the responsibility of developing a list of members for presentation to the Senate. Committee membership is limited to 15; the Senate has the right to strike, but not add, names that are proposed to it. Chairs are urged to exercise care and common sense in developing committee membership lists. Specifically, chairs are urged to:

A. Be aware of the size limitation on committees;

B. Make every effort to see to it that all schools and professional staff are represented in approximately equal proportions (e.g., approximately two professional staff members and two representatives from each of the schools);

C. Consider librarians as either faculty or staff and, by tradition, include on each committee;

D. Make every effort to ensure that one or more of the committee members are on the graduate faculty and are in a department with a graduate program.

E. Include at least one student representative (a student senator should be considered);

F. Accept the appointment of a nonvoting administrative liaison; and

G. Make sure that at least one other member of the committee is a senator.

Members of standing committees are appointed to serve two-year terms of office. Ideally, terms of committee members are staggered so some continuity can be maintained. When a committee roster is presented to the Senate (by tradition, committee rosters are presented at the first meeting of the Senate, for approval), the following information should be included: name, unit the individual represents, graduate faculty affiliation, office address and phone number, e-mail address, specific years of term of service on the committee.”

I accept the recommendation of the College Senate and hereby approve amendments to the College Senate and the College Senate Handbook to provide for representation of graduate faculty who participate in graduate programs on all College Senate standing committees and for graduate faculty status to be indicated on committee rosters.

From the Chair of the Senate Curriculum Committee

Advanced to Curriculum Committee
The following has been received in the College Senate Office and forwarded to the College Senate Curriculum Committee for review and approval:

Course Revision:
ANT 321 Primatology. Prerequisite: ANT 100 or instructor permission. Study of living prosimians, monkeys, and apes, including taxonomy, social organization, feeding and ranging, community ecology, and conservation; field studies of natural populations.

From the Vice President for Finance and Management
Governor Paterson recently created the New York State Office of Taxpayer Accountability to oversee and implement the governor’s “continuing commitment to reduce the costs of state operations” and to help with the current budget crisis. The office plans to issue a number of directives to state agencies to reduce costs. The first, titled “Holding Down Print Costs,” was issued in August.

The directive received by my office outlines the actions that agencies are expected to take to eliminate wasteful copying and printing. SUNY is strongly encouraging all campuses to make their best efforts to implement the actions outlined below, and to take other steps that can reduce printing costs. Both SUNY and the state are aware that many agencies are already undertaking their own agendas to cut costs and find efficiencies.

Our goal at Buffalo State is to do our part to reduce spending on paper, print supplies, maintenance, and purchases of printing equipment, as well as to lower our power consumption—goals that should be viewed as part of a broader effort to move toward a more paper-free environment. In general, college employees are expected to use electronic media instead of paper whenever possible, and to seek new ways of doing business that support that approach.

Specific items contained in the directive include keeping all printing to a minimum or eliminating it completely. Except under compelling circumstances, agencies are to:

1. Set printers and copiers to print on both sides of a page as the default setting.
2. Eliminate the printed distribution of documents (e.g., memos, brochures, monthly reports, annual reports, etc.) in favor of electronic or Web-based distributions.
3. Reduce or eliminate paper mailings in favor of e-mail. Plan for forms and mailings to capture e-mail addresses, and encourage respondents to opt for future communications by e-mail.
4. Display presentations for meetings on a screen rather than distributing printed copies. If desired, presentations may be distributed electronically to meeting participants.
5. Eliminate all specialty printing jobs that require special paper or equipment, e.g., invitations or announcements.
6. Eliminate personal printers, except in those cases where an accommodation must be made for a person with a disability.
7. Replace multiple, individual printers in adjacent offices with standardized, centralized networked copiers with lower power consumption and per-page costs.

We know that you will put forth your best effort to implement these actions. Thank you for your anticipated support and cooperation. If you have any questions or would like electronic copies of the documents referred to herein, please call my office at 878-4311.

From the Vice President for Finance and Management
The Internal Control Act of the State of New York requires Buffalo State College to communicate the following information on agency responsibilities and standards:

The internal control standards define the minimum level of quality acceptable for internal control systems in operation and constitute the criteria against which systems are to be evaluated. These internal control standards apply to all operations and administrative functions (both manual and automated), but are not intended to limit or interfere with duly granted authority related to development of legislation, rule making, or other discretionary policy making in an agency.

General Standards

1. Reasonable Assurance. Internal control systems are to provide reasonable assurance that the objectives of the systems will be accomplished.
2. Supportive Attitude. Managers and employees are to maintain and demonstrate a positive and supportive attitude toward internal controls at all times.
3. Competent Personnel. Managers and employees are to have personal and professional integrity and are to maintain a level of competence that allows them to accomplish their assigned duties, as well as to understand the importance of developing and implementing good internal controls.
4. Control Objectives. Internal control objectives are to be identified or developed for each agency activity and are to be logical, applicable, and reasonably complete.
5. Control Techniques. Internal control techniques are to be effective and efficient in accomplishing their internal control objectives.
6. Continuous Monitoring. Agency heads are to establish and maintain a program of internal review designed to identify internal control weaknesses and implement changes needed to correct the weaknesses.

Specific Standards

1. Documentation. Internal control systems and all transactions and other significant events are to be clearly documented, and the documentation is to be readily available for examination.
2. Recording of Transactions and Events.Transactions and other significant events are to be promptly recorded and properly classified.
3. Execution of Transactions and Events.Transactions and other significant events are to be authorized and executed only by persons acting within the scope of their authority.
4. Separation of Duties. Key duties and responsibilities in authorizing, processing, recording, and reviewing transactions should be separated among individuals.
5. Supervision. Qualified and continuous supervision is to be provided to ensure that internal control objectives are achieved.
6. Access to and Accountability for Resources. Access to resources and records is to be limited to authorized individuals, and accountability for the custody and use of resources is to be assigned and maintained. Periodic comparison shall be made of the resources to the recorded accountability to determine whether the two agree. The frequency of the comparison shall be a function of the vulnerability of the asset.

Audit Resolution Standard

Prompt Resolution of Audit Findings. Managers are to (1) promptly evaluate findings and recommendations reported by auditors, (2) determine proper actions in response to audit findings and recommendations, and (3) complete, within reasonable time frames, all actions that correct or otherwise resolve matters brought to management’s attention.

Additional information about internal control standards and Buffalo State’s Internal Control Program can be found on the Internal Control Program Web site.

Contact Rebecca J. Schenk, director of budget and internal controls, 878-4312, with questions about the Internal Control Act.

From the Vice President for Finance and Management
All student, faculty, and staff personal and academic information is private and confidential, and is protected by various state and federal laws. Buffalo State College employees must, by law, protect the privacy of this information.

Failure to protect personal and academic information may result in legal action against offending employees. Employees accused of failure to protect confidential information that results in harm to an individual may not be covered by the Public Officer’s Law, and therefore not defended by New York State.

Examples of personal information that must be kept confidential: Social Security number, health information, disability status, etc. Faculty and staff must ensure that information contained on the employee change form is kept confidential.

Examples of academic information that must be kept confidential: grades, class schedule, student ID number, etc. Faculty and staff members may not post test scores or grades using any portion of a student’s name, Social Security number, or student ID number. Faculty and staff must refrain from providing students’ parents with information related to their student’s academic performance or other personal information, unless given permission to do so by the student.

For more information:

State and Federal Laws:

• Gramm-Leach-Bliley Act (confidentiality of financial information): see the Human Resource Management and the Federal Trade Commission Web site.
• HIPAA (confidentiality of health information): see the Buffalo State Bulletin and the NYS Governor’s Office of Employee RelationsWeb site.
• FERPA (confidentiality of student/academic information): see the Academic Affairs or theU.S. Department of Education Web site.
• Restrictions on use of student Social Security numbers: see the New York State LegislatureWeb site; search for Education Law 2-b.
• New NYS law on notification of information security breach: see the New York State Legislature Web site; search for Article 39-F of GBS (General Business Law)

Additional information about safeguarding sensitive information can be found at Buffalo State’s Internal Control Web site.

Questions regarding privacy of the employee change form, employee contracts, official employee files, etc.:
Susan Earshen, associate vice president, Human Resources, 878-3042

Questions regarding privacy of student information and FERPA:
Mark Bausili, registrar, 878-4907

Questions regarding health information and HIPAA:
Rock Doyle, assistant director, medical systems, 878-6711

Questions regarding legal liability and any legal action against the college or an employee: 
James Thor, associate vice president and comptroller, 878-4312

From the Vice President for Finance and Management
The Governor’s Office of Employee Relations issued a memorandum revisiting the state’s policy regarding the need to separate political campaign activities by state employees from the conduct of official state business.

While employees are not discouraged from participating in the political campaign process, they must keep their political campaign activities separate from the discharge of their duties as state employees. For the purposes of these guidelines, “political campaign activities” include any act, activity, or event designed to communicate a political endorsement, urge voters to vote for a particular candidate, support a political party, or raise funds for a political candidate or party.

Political campaign activities—such as campaigning, coordinating volunteers, and soliciting or receiving campaign contributions—are not within the scope of the official duties of executive branch employees and they may not conduct campaign activities on state time. Performing political campaign activities on state time may subject employees to criminal prosecution and the loss of employment.

In addition, and in furtherance of the Governor’s Executive Order Number 7, all state vehicles, offices, equipment, and resources, including telephones, computers, fax machines, office supplies, postage, photocopying machines, and support staff assistance, are the property of the state, and employees may not use that property for assistance for political campaign activities. In those limited circumstances where employees are permitted personal use of state property—for example, vehicles assigned to individuals for both business and personal use—employees must make an appropriate accounting of the use of that property for political campaign activity.

Employees are also reminded that they are prohibited from engaging in the political activities stated in Section 74 of the Public Officers Law, Section 107 of the Civil Service Law, and Sections 17–156 of the Election Law.

Section 74 of the Public Officers Law states a Code of Ethics for state employees. Information on the restrictions that Section 74 places on political activities of state employees may be found on the New York StateWeb site.

Section 107 of the Civil Service Law protects state civil service employees from discriminatory practices based on political affiliations. Under this provision, covered individuals may not be asked to reveal their political affiliations or opinions in order to determine fitness for office. In addition, the appointment, selection, or removal of civil service employees to or from state employment may not be affected or influenced by political opinions or affiliations. Section 107 further prohibits state employees from using their official positions to compel state employees to give political contributions and from using state offices to collect such contributions. Finally, Section 107 prohibits state employees from using or promising to use their official authority to coerce or persuade the vote or political action of any individual.

Section 17–156 of the Election Law similarly prohibits those who hold or are seeking public office from corruptly using or promising to use, directly or indirectly, any official authority to aid any person in securing public employment in return for the political vote or influence of that person. In addition, public employees may not accept or request the payment or contribution of any valuable consideration in return for a promise of a public appointment.

In addition, the federal “Hatch Act,” 15 USC § 1501, et seq., applies to any state employee whose principal employment is in connection with an activity financed in whole or in part by federal loans or grants. State employees subject to the provisions of the Hatch Act may not: (1) be candidates for elective office; (2) use official authority or influence for the purpose of interfering with or affecting the results of an election or a nomination for office; or (3) directly or indirectly coerce, attempt to coerce, command, or advise a state or local officer or employee to pay, lend, or contribute anything of value to a party, committee, organization, agency, or person for political purposes.

Questions on the above may be referred to Susan Earshen, associate vice president for human resource management, at 878-3042.

From the Vice President for Finance and Management
The SUNY Office of University Counsel advises that all college offices should be notified of the procedures to follow regarding the receipt of legal papers of any kind by a campus employee. Accordingly, Buffalo State’s procedures are as follows:

The associate vice president for finance and management/comptroller is the college’s official liaison to the Office of University Counsel for the purpose of receipt of service of legal papers on the college, notification of the area of the college affected (required to respond), and decision about who should notify SUNY counsel, the attorney general, or other parties. When legal papers of any kind are served upon a campus employee or the college, the campus liaison should be contacted immediately and the legal papers should be forwarded to the liaison.

If the associate vice president for finance and management/comptroller is unavailable, the referral should be made to the assistant vice president for finance and management.

This procedure is especially important when legal papers request personnel files or information on students or are requests made under the USA Patriot Act. Various other rights, such as those afforded by FERPA, the Personal Privacy Protection law, and collective bargaining agreements are involved in those situations.

From the Vice President for Finance and Management
College resources, including equipment, supplies, services, and facilities, shall be used for official college business only. Use of college resources for commercial purposes or for personal gain is prohibited. Any loan of college property (other than library materials) to any party for personal use is prohibited.

Direct any questions regarding this policy to James Thor, associate vice president and comptroller, 878-4312.

From the Vice President for Finance and Management
Portions of the Buffalo State College Emergency Response Plan are available on the University Police Web site.

From the Vice President for Finance and Management
For all emergencies on campus, call University Police directly at 6333. Calls to 911 will be redirected by the City of Buffalo 911 operator to University Police and could waste valuable response time. The blue-light phones located throughout the campus and in most campus parking lots are a direct link to University Police and will ensure an immediate response. Call University Police at 878-6333 with questions or concerns regarding campus safety.