NY Educ L § 6274 (2021)
2021 New York Laws EDN - Education Title 7 - State and City Colleges and Institutions-Cornell University Article 125-B - City University Construction Fund 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.