3151 - New York state foundation for science, technology and innovation; creation; governance; and membership.
§ 3151. New York state foundation for science, technology and innovation; creation; governance; and membership. 1. Creation. There is hereby created within the public authorities law a foundation for science, technology and innovation. 2. Governance. The foundation shall be governed and all of its powers exercised by a board of directors to be known as the New York state foundation for science, technology and innovation board, which shall consist of thirteen voting members. 3. Membership. The voting members of the foundation board shall consist of: the executive director of the New York state foundation for science, technology and innovation who shall be a permanent member of the foundation board, seven members from the private sector, two of whom shall be appointed by the temporary president of the senate, two of whom shall be appointed by the speaker of the assembly, and three of whom shall be appointed by the governor with the advice and consent of the senate, provided that all seven members are employed within the private sector throughout the time of their appointment to the foundation board. The private sector members shall demonstrate leadership and expertise and be broadly representative across different business sectors of the state and shall include, but not be limited to representatives of the industrial technology research and development sector, small business high technology sector; minority and women business enterprises, the venture capital industry; five additional members shall be appointed from among the academic, government, and workforce development sectors, three of whom shall be appointed by the governor, with the advice and consent of the senate, one of whom shall be appointed by the temporary president of the senate, and one of whom shall be appointed by the speaker of the assembly; and representatives of the regional partnerships as established in this section shall also serve as non-voting members of the board, provided that each partnership shall nominate one of its members to serve as a non-voting member of the board. All members of the foundation board shall serve at the pleasure of the appointing authority and, notwithstanding any other provision of law, shall be subject to sections seventy-three and seventy-four of the public officers law. The chair of the foundation board shall be appointed by the governor from among the private sector members with the advice and consent of the senate. All other officers of the board shall be elected from among the voting members of the board of directors by the majority vote of currently serving voting members of the foundation board. The executive director of the foundation shall be appointed by the governor, with the advice and consent of the senate. The executive director of the New York state office of science, technology and academic research shall become the interim executive director of the foundation, and shall be the executive director of the foundation until the executive director of the foundation is appointed by the governor, with the advice and consent of the senate. The members of the New York state office of science, technology and academic research advisory council shall serve as interim voting members of the foundation board until the appointing authority appoints voting members of the foundation board. Nothing contained herein shall prohibit a member of the New York state office of science, technology and academic research advisory council from being appointed as a voting member of the foundation board by the appropriate appointing authority. 4. Meetings. The board shall provide for the holding of regular and special meetings. A majority of the currently serving voting members shall constitute a quorum for the transaction of any business and, unless a greater number is required by the by-laws of the foundation, the acts of the majority of the currently serving voting members presentat a meeting at which a quorum is present shall be deemed to be the acts of the board. 5. By-laws. The board shall adopt by-laws for the foundation and may appoint such officers and employees as it deems necessary and may fix their compensation and prescribe their duties. 6. Compensation. Board members shall receive no compensation for their services but shall be reimbursed for their expenses actually and necessarily incurred by them in the performance of their duties under this title. No director, officer or employee of the foundation shall be disqualified from holding any public employment, nor shall they forfeit any such employment by reason of their appointment hereunder notwithstanding the provisions of any general, special or local law, ordinance or city charter. 7. Conflict of interest. No employee or officer of the board shall be a party to or have any financial interest in any project that receives financial assistance pursuant to this title. No member of the board of directors shall participate in a decision on the awarding of any grant or contract to an organization with whom such member is affiliated. 8. Prohibited members. No statewide or locally elected official nor any members of the state legislature shall be appointed as sitting board members of the foundation. 9. Representatives. A member of the board may designate an officer or employee to represent him or her at meetings of the board. A designee may lawfully vote and otherwise act on behalf of the member of the board. The designation shall be in writing, delivered to the foundation and continue in effect until revoked or amended in writing. 10. Regulations. The foundation shall promulgate such rules and regulations as necessary to carry out the provisions of this title. 11. Limitation of liability. Neither the members nor any officers or employees of the foundation, while acting within the scope of his or her authority, shall be subject to any personal liability resulting from the activities of the foundation.