Good afternoon ladies and gentlemen. Thank you for the privilege of allowing me to present this testimony on "grandfathering" of alumni associations of the institutions making up SUNY. As noted in Mr. Brian T. Stenson's memorandum of May 16, 2003, to the Presidents of State-operated Campuses and the accompanying "Guidelines for Campus-Related Alumni Associations", "grandfathering" of alumni associations is permitted. In the memorandum, Mr. Stenson states, "Because of the nature of certain activities and arrangements, it may be necessary for those activities to be grandfathered on an exceptional bases." I come to you for assistance in achieving "grandfathering" status for SUNY alumni organizations, in particular for the SUNY Maritime College Alumni Association.

My name is Jose Femenia. I am a 1964 graduate of the Maritime College and have had the privilege of serving the College and SUNY for 31 years starting as a graduate teaching assistant (Assistant Instructor) and advancing to the rank of Professor of Engineering. I serviced as the Engineering Department Chairman for 21 years. I retired from SUNY in 1995 and assumed the position of Professor and Engineering Department Head at the United States Merchant Marine Academy at Kings Point, New York. I served on the New York State Board for Engineering and Land Surveying for 10 years. I also served as President of the Society of Naval Architects and Marine Engineers for two years and as the President of the Society of Marine Port Engineers, New York, NY, for two years. I have been an active, elected member of the College's Alumni Association since 1974.

The SUNY Maritime College Alumni Association was formed in 1903 by alumni from the school ship St. Mary's, the nautical training institution which eventually became the present day SUNY Maritime College. The first graduates from the school ship St. Mary's graduated in 1876. In the early years, the institution was supported and operated by the New York City Board of Education. In 1908 the administration and support of the institution was transferred to State of New York. Over the years the institution has had several name changes (New York Nautical School, and New York State Merchant Marine Academy, New York State Maritime College) before becoming one of the original New York State operated institutions that were organized under the umbrella of SUNY.

As stated in the original Alumni Association Constitution and Bylaws (1903) the purpose of the Alumni Association was "the promotion of the professional interests of the graduates of the New York Nautical School Ship, to foster acquaintances and friendship among its members, to keep alive in the hearts of all an interest in the welfare of the school: to promote and assist in up-building of the American Merchant Marine and Navy". In 1971 the purpose of the Association, as noted in the Constitution and Bylaws, was modified to include the College. The modified wording reads as follows "the Association shall work actively and effectively to advance the professional interests of the Maritime College of the State University of New York (hereinafter called the Maritime College), its alumni, faculty and students".

Throughout the years the Alumni Association has grown from a primarily fraternal organization centered in New York City, to one that is national in scope and has 17 chapters spread along the Atlantic, Pacific and Gulf of Mexico coasts. It has grow from a fraternal organization, to one that is well respected for its efforts to support the Cadets enrolled at the College, its efforts to support the industry for which its graduates were trained and many are still employed in, and for its support for the integrity of the College's traditional synergistically combined educational and training programs. At present, there are over 3,850 dues paying members of the Alumni Association, representing approximately half of the living graduates. The oldest member of the Association is a member of the Class of 1930 and a graduate of the New York State Merchant Marine Academy. In 2001 we lost our oldest member, a member of the Class of 1922, a graduate of the New York Nautical School. He was 100 years old at the time of his death, a proud alumnus of the New York Nautical School and a strong supporter of the Alumni Association.

We believe that our membership is, on per-capita bases, the most generous in the SUNY system and to a very large extent this generosity is attributed to the fierce allegiance and gratitude that most of the graduates have to education and training that they received at the institution, the SUNY Maritime College or its predecessor institutions. Although all graduates are appreciative of the educational opportunities afforded to them initially by New York City and New York State and most recently by SUNY, most graduates do not refer to themselves as being graduates of SUNY. They refer themselves as being graduates of "the Newport", "the New York Nautical School", "the New York State Merchant Marine Academy", "New York Maritime", "the Fort", "Schuyler", "Maritime", "the Maritime College" or "the Dome". It is mainly marine industry non-graduates who refer to the institution as "SUNY" or "SUNY Maritime". They use this term to distinguish the SUNY Maritime College from the other state operated maritime schools and the U.S. Merchant Marine Academy. My point is that the strong name recognition among many of the College's graduates is not SUNY, but some other name more closely associated with their educational and professional development. I believe this is a critical element that needs to be understood in the structuring of Alumni support for the Maritime College.

On June 20, 2003, the Alumni Association's President, Mr. Theodore Mason, formally requested that College President, Vice Admiral John Ryan, support the "grandfathering" of the SUNY Maritime College's Alumni Association and that SUNY grant the requested status. The Alumni Board of Directors, through its President, made the request based on the Alumni Association's continued existence since 1903, the history of the Alumni Association, and its longstanding record of support for the College. This request was never granted and as noted by the memorandum from University Counsel, D. Andrew Edwards to VADM. Ryan, "You should deny the request of the SUNY Maritime College Alumni Association (AA) to be "grandfathered" in its present form. This denial should be based upon the fact that the AA is an unincorporated association with a 501 (c)(3) and 509(a)(1) status and a "charitable" purpose (rather than a 509(a)(3) "supporting organization" with an "educational" purpose as required by the Guidelines)."

The Alumni Association takes issue with Mr. Edwards' statement that the Guidelines require ALL alumni associations to be 509(a)(3) organizations. It allows for "grandfathering", as noted by paragraph II, Transitional Provisions, of the Guidelines, which state:

"It is understood that as of the effective date of these Guidelines, an Alumni
Association may currently be structured or engaged in activities that would be
inconsistent with the letter of the Guidelines. In such cases, this entity may
maintain its current structure or continue providing such services, following a
case-by-case review by the campus President and the Chancellor or designee."

Isn't the intent of "grandfathering" to allow for operations outside the scope of the "new" guidelines? Wasn't the intent to allow well operating and effective organizations to continue to serve their respective institutions? Aren't the issue of incorporation and 509(a)(3) related to the organizations that aren't "grandfathered"?

The SUNY Maritime Alumni Association Board of Directors is hard pressed to understand why it was not "grandfathered", other then as a way for the College and SUNY to gain full control over the Alumni Association at the risk of alienating many of the very individuals from whom they are trying to solicit donations. It can't be that they think that by alienating the existing Alumni Association they will be in a better position to increase the level of Alumni or industry support. Our Alumni are probably the most informed in the SUNY system and they are already aware that the Alumni Association has not been, to date, "grandfathered". As I speak, the Alumni Association members are voting to give the Board of Director the authority to "affirm the Alumni Association's current form of organization and modus operandi in light of current circumstances" or to "direct the Association to reconstitute itself in accordance with the SUNY Guidelines". Is SUNY concerned that if the Alumni sense that the Maritime College is not focusing on achieving the educational and training goals that they consider important, the Association will apply pressure to for a change in course? If so, they are correct. The Alumni Association will continue to act as an independent voice to articulate issues that it feels will enhance the Alumni and the Maritime College and its traditional students, Cadets.

In conclusion I ask that you, the SUNY Board of Trustees, direct SUNY to "grandfather" the SUNY Maritime College Alumni Association as was intended by the Guidelines published in May 2003.

Thank you for you time and support.