N.Y. Education Law § 6274: Administration of fund

§ 6274. Administration of fund. (1) For the period beginning July

first, nineteen hundred seventy-nine and ending December thirty-first,

nineteen hundred seventy-nine, the fund shall continue to be

administered by the trustees of the city university construction fund in

office as of June thirtieth, nineteen hundred seventy-nine. Effective

January first, nineteen hundred eighty the fund shall be administered by

seven trustees, among whom shall be two ex-officio trustees, one of whom

shall be the director of the division of the budget of the state of New

York, or his or her designee and the other of whom shall be the

chairperson of the board of trustees of the city university. The five

other trustees shall be appointed as follows:

(a) The governor shall appoint two trustees, one of whom shall be a

trustee of the city university, the other of whom shall be subject to

the advice and consent of the senate.

(b) The mayor shall appoint one trustee, who shall be subject to the

advice and consent of the senate.

(c) The temporary president of the senate shall appoint one trustee.

(d) The speaker of the assembly shall appoint one trustee.

Each trustee, except ex officio trustees, shall serve for a term

expiring at the end of the term of the officer making the appointment.

In the event of a vacancy occurring in the office of a trustee by death,

resignation, termination of membership on the board of trustees of the

city university of New York, or otherwise, a successor shall be chosen

in the same manner as was the trustee whose office became vacant, to

serve for the balance of the unexpired term.

(2) The chairperson and the vice-chairperson of the trustees of the

fund shall be appointed by and shall serve at the pleasure of the

governor. The chairperson shall preside over all meetings of the

trustees and shall have such other duties as the trustees of the fund

may direct. The vice-chairperson shall preside over all meetings of the

trustees of the fund in the absence of the chairperson and shall have

such other duties as the trustees of the fund may direct.

(3) The trustees of the fund shall serve without salary, but each

trustee shall be reimbursed for his, or her actual and necessary

expenses incurred in the performance of his or her official duties as a

trustee of the fund. The trustees of the fund may engage in private

employment or in a profession or business (if not otherwise prohibited

from so doing by virtue of any other public office), subject to the

limitations contained in sections seventy-three and seventy-four of the

public officers law. The fund shall, for the purposes of such sections,

be a "state agency", and the trustees thereof shall be "officers" of the

agency for the purposes of said sections.

(4) Notwithstanding any inconsistent provisions of law, general,

special or local, no officer or employee of the state of New York, any

city, county, town or village, any other political or civil division of

the state, and municipality, any governmental entity operating any

public school or college, any school district or any other public

special district, any public authority, commission or board or any other

public agency or instrumentality or unit of government which exercises

governmental powers under the laws of the state, shall forfeit his or

her office or employment by reason of his or her acceptance of

appointment as a trustee, officer or agent of the fund.

(5) The fund may delegate to one or more of its trustees, or officers,

agents or employees, such powers and duties as the trustees may deem

proper, but all contracts involving an estimated expense of ten thousand

dollars or more and all leases, subleases or other agreements to be

entered into pursuant to this article shall be approved prior to

execution by no less than four trustees of the fund.

(6) The fund may appoint officers, employees and agents as it may

require and it will prescribe their duties and fix their compensation.

(7) On or before November fifteenth of each year, the fund shall

submit, and thereafter may resubmit, to the comptroller of the state of

New York, the state director of the budget, the city director of

management and budget, the chairman of the senate finance committee, and

the chairman of the assembly ways and means committee, a financial

statement for the preceding city fiscal year, a report of its activities

during that year, and a report on its program for both the current and

next succeeding city fiscal years including but not limited to: (i) the

total amount of instructional and non-instructional fees the fund

estimates it will receive in the succeeding city fiscal year; (ii) the

estimated cost of the administration of the fund in the succeeding city

fiscal year; (iii) the amounts, if any, of all rentals and such other

payments estimated to become due in the succeeding city fiscal year to

the dormitory authority from the fund pursuant to any leases, subleases

or other agreements entered or to be entered into between the fund and

the dormitory authority prior to July first, nineteen hundred

eighty-five, to provide for senior college facilities and community

college facilities, or pursuant to any agreement supplemental thereto;

(iv) the amounts, if any, of all rentals and such other payments

estimated to become due in the succeeding city fiscal year to the

dormitory authority from the fund pursuant to any leases, subleases or

other agreements between the fund and the dormitory authority entered or

to be entered into on or after July first, nineteen hundred eighty-five

or pursuant to any agreement supplemental thereto, to provide facilities

for senior colleges and community colleges; and (v) the amount of all

moneys anticipated to be transferred to the city university in the

succeeding city fiscal year pursuant to the provisions of subdivision

(b) of section sixty-two hundred seventy-eight of this article. Such

report shall separately state the amounts of all rentals and such other

payments estimated to become due in the succeeding city fiscal year

pursuant to any leases, subleases or other agreements between the fund

and the dormitory authority which are allocable to senior college

facilities and community college facilities.