9.09 - Administration.
§ 9.09. Administration. 1. The New York state theatre institute corporation shall be a body corporate and politic constituting a public benefit corporation. It shall have the powers and privileges of a corporation and all of its business shall be transacted, all funds invested, all warrants for money drawn and payments made, and all cash and securities and any other personal and real property shall be held under its corporate name. 2. The corporation shall consist of a board of directors comprised of a chairperson and eight voting members to be appointed by and serve at the pleasure of the governor. Each member appointed shall be representative of the disciplines relevant to the theatre institute program or otherwise possess the skill and ability to provide effective oversight of the institute's operations. The governor shall appoint one member upon the recommendation of the temporary president of the senate, one member upon the recommendation of the speaker of the assembly, one member upon the recommendation of the minority leader of the senate and one member upon the recommendation of the minority leader of the assembly. The governor shall designate one member as chairperson and another member as treasurer. The president of the citizens for the New York state theatre institute, inc. shall be an ex officio, non-voting member. The members first appointed shall serve for a period of three years; their successors and all other appointed members shall serve for a four-year term and each member shall continue to serve until the appointment and qualification of his or her successor. Vacancies among members otherwise than by the expiration of term shall be filled by the appointing authority for the unexpired term. The chairperson and other members of the board shall not be entitled to compensation for their services but shall be entitled to reimbursement for their actual and necessary expenses incurred in the performance of their official duties. A majority of the chairperson and other members of the board then in office shall constitute a quorum for the transaction of the business of the corporation. 3. No member, officer or employee of the corporation shall be disqualified from holding any other public office or employment, nor shall he or she forfeit any such office or employment by reason of his or her appointment hereunder notwithstanding the provisions of any general, special or local law, ordinance, city or county charter. 4. The corporation shall continue until all its liabilities have been met or otherwise discharged and until its existence shall have been terminated by law. Upon the termination of the existence of the corporation, all of its rights and property shall pass to and be vested in the state. 5. The corporation shall hold regular meetings at least quarterly and shall hold special meetings on the call of the chairperson or any three members upon giving notice thereof to all members of the corporation at least forty-eight hours in advance. All meetings shall be held and notices filed in accordance with the open meetings law. 6. The secretary of the corporation shall be elected from the board membership. 7. The corporation shall be administered by a producing director who shall be appointed by and serve at the pleasure of the board of directors. 8. The producing director shall be the chief executive officer of the corporation, and shall, subject to the direction of the corporation, have general supervision over the administration, artistic standards and operation of the corporation's projects and facility. The producing director shall recommend to the corporation appointments and non-renewal of all other employees of the corporation as prescribed by the rules andregulations pertaining to civil service and professional status according to the laws governing the New York state employees. 9. The producing director and all other employees of the empire state theatre institute existing under the jurisdiction and control of the state university shall be transferred to the corporation as employees of the state of New York, subject to the approval of the director of the budget. Such transfer shall not in any way affect the civil service or professional status, continuity of service, retirement plan status, collective negotiating representation, right to compensation, grade or compensation or other rights and privileges of any employee so transferred. 10. The producing director shall attend all corporation meetings and shall have the right to speak at such meetings, but shall have no vote. 11. The board of directors shall adopt bylaws governing the conduct of its meetings and other matters not included hereunder relating to its organization and operations. 12. For purposes of sections seventy-three, seventy-three-a and seventy-four of the public officers law, the New York state theatre institute corporation is a state agency, the officers, members, and employees of which are subject to the provisions thereof.