N.Y. N. Y. wine/grape 80/85 § 5: Board of directors of the foundation

§ 5. Board of directors of the foundation. 1. The foundation shall be

managed by, and its powers, functions and duties shall be exercised

through a board of directors.

2. The initial board of directors shall consist of eleven members of

whom three shall be appointed by the governor, three by the temporary

president of the senate and three by the speaker of the assembly, one by

the minority leader of the senate and one by the minority leader of the

assembly. In making the appointments, consideration should be given to

ensure that the four wine/grape regions of the state are geographically

represented. Of the eleven appointed members, one shall be a person who

receives the major portion of his or her income from the growing of wine

grapes, one shall be an officer or owner of a commercial winery, one

shall be a person who receives the major portion of his or her income

from the operation of a farm/estate winery, one shall be a person who

receives a major portion of his or her income from growing table grapes,

one shall be a person engaged in the manufacturing of grape products

other than wine, one shall be a person engaged in the retail sale of

wine for off premises consumption, one shall be a person engaged in the

wholesale sale of wine, one shall be an owner or operator of a licensed

establishment engaged in the sale of wine on premises, two shall be on

the staff of an educational institution which is engaged in the study of

viticulture, entomology and enology and one shall be a person familiar

with the advertising, promotion and marketing of commercial products.

The directors so appointed shall serve for a term of three years, except

that, of the directors so appointed by the governor one shall serve for

a term of two years and one shall serve for a term of one year; of the

three directors so appointed by the temporary president of the senate

one shall serve for a term of two years and one shall serve for a term

of one year; and of the three directors so appointed by the speaker of

the assembly one shall serve for a term of two years and one shall serve

for a term of one year.

3. The commissioner of agriculture and markets and the commissioner of

commerce shall be ex-officio members of the board for that period of

time during which state moneys are available to the foundation.

4. If any vacancy other than by expiration of term occurs on the board

amongst those first appointed such vacancy shall be filled by

appointment for the unexpired term by the appointing authority initially

appointing such member. Upon expiration of the initial terms, successors

shall be elected by the remaining members of the board for a three year

term; such directors shall have the qualifications required of the

original directors. Members shall continue as such until their

successors have been duly elected.

5. The board of directors shall elect one of its members as chairman

and one of its members as vice chairman of such board, and may appoint

such officers and employees as it deems advisable.

6. Members of the board of directors shall serve without compensation,

but shall be reimbursed for actual expenses reasonably incurred in the

performance of their duties.

7. The board shall meet four times annually at the call of the

chairman or in his absence the vice chairman or on petition of any three

members. A majority of the members of the board then in office shall

constitute a quorum for the transaction of any business. The board is

encouraged to conduct its meetings in a manner which will ensure the

active participation of any person having an interest in the wine/grape

industry.