N.Y. Arts and Cultural Affairs Law § 3.03: Council on the arts

§ 3.03. Council on the arts. 1. (a) The council on the arts in the

executive department is hereby continued. The twenty-one members shall

be, broadly representative of all fields of the performing and fine

arts, to be appointed by the governor, with the advice and consent of

the senate, from among private citizens who are widely known for their

professional competence and experience in connection with the performing

and fine arts; provided, however, that the council shall have at least

one member from each of the ten regions of the state, as such regions

are defined by the empire state development corporation. In making such

appointments, due consideration shall be given to the recommendations

made by representative civic, educational and professional associations

and groups, concerned with or engaged in the production or presentation

of the performing and fine arts generally.

(b) No amendments made to this section shall require any council

member appointed prior to the effective date of such amendments to

vacate their seat prior to the natural end of their term.

(c) The council on the arts shall not be out of compliance with this

section upon vacancy, and shall retain its full powers enumerated in

section 3.05 of this article, provided that such vacancy is filled

within a reasonable time and the appointment made for such new vacancy

shall move the composition of the council closer to the requirement that

each of the ten regions of the state as defined by the empire state

development corporation be represented by at least one member of the

council to the extent practicable.

2. The term of office of each member of the council shall be five

years. Vacancies in the council occurring otherwise than by expiration

of term, shall be filled for the unexpired term in the same manner as

original appointments. The governor shall designate a chairperson and

two vice-chairpersons from the members of the council, to serve as such

at the pleasure of the governor. The chairperson shall be the chief

executive officer of the council.

3. The chairperson shall receive compensation fixed by the governor

and shall be reimbursed for all expenses actually and necessarily

incurred by him in the performance of his duties hereunder, within the

amount made available by appropriation therefor. The other members of

the council shall receive no compensation for their services, but shall

be reimbursed for all expenses actually and necessarily incurred by them

in the performance of their duties hereunder within the amount made

available by appropriation therefor.

4. The chairperson may appoint such officers, experts and other

employees as he may deem necessary, prescribe their duties, fix their

compensation and provide for reimbursement of their expenses within

amounts available therefor by appropriation.