Section 9.09. Administration

1.  The  New  York  state  theatre  institute
  corporation shall be a body corporate and politic constituting a  public
  benefit  corporation.  It  shall  have  the  powers  and privileges of a
  corporation and all of its  business  shall  be  transacted,  all  funds
  invested,  all  warrants for money drawn and payments made, and all cash
  and securities and any other personal and real property  shall  be  held
  under its corporate name.
    2.  The corporation shall consist of a board of directors comprised of
  a chairperson and fourteen  voting  members  representing  the  theatre,
  education  and  business communities to be appointed by and serve at the
  pleasure of the governor. Each member appointed shall be  representative
  of  the  disciplines  applicable  to  the theatre institute program. The
  board of directors shall consist of two members representing  executives
  from  the corporate business sector to be appointed by the governor, one
  of whom  shall  be  designated  as  chairperson  and  the  other  to  be
  designated  as  treasurer;  one member representing the practicing legal
  profession specializing in arts and entertainment law to be appointed by
  the governor; four members representing elementary-level  teachers,  two
  to  be  appointed  by  the  governor  and  two  to be appointed upon the
  recommendation of the temporary president of the  senate;  four  members
  representing  secondary-level  teachers,  two  to  be appointed upon the
  recommendation of the speaker of the assembly and two to be appointed by
  the governor; two members  representing  higher  education  representing
  professionals or faculty who work with children and young people, one to
  be  appointed  by  the  governor  and  one  to  be  appointed  upon  the
  recommendation of  the  minority  leader  of  the  senate;  two  members
  representing  professional theatre specialists, one to be appointed upon
  the recommendation of the minority leader of the assembly and one to  be
  appointed  by  the governor.   The president of the citizens for the New
  York state theater institute, inc. shall be an  ex  officio,  non-voting
  member.  The  members  first appointed shall serve for a period of three
  years; their successors and all other appointed members shall serve  for
  a  four-year  term  and  each  member  shall continue to serve until the
  appointment and qualification of his or her successor.  Vacancies  among
  members  otherwise than by the expiration of term shall be filled by the
  appointing authority for the unexpired term. The chairperson  and  other
  members  of  the  board  shall not be entitled to compensation for their
  services but shall be entitled to reimbursement  for  their  actual  and
  necessary expenses incurred in the performance of their official duties.
  A  majority  of  the  chairperson  and  other members of the board shall
  constitute  a  quorum  for  the  transaction  of  the  business  of  the
  corporation.
    3.  No  member,  officer  or  employee  of  the  corporation  shall be
  disqualified from holding any other public  office  or  employment,  nor
  shall  he  or she forfeit any such office or employment by reason of his
  or her appointment  hereunder  notwithstanding  the  provisions  of  any
  general, special or local law, ordinance, city or county charter.
    4.  The corporation shall continue until all its liabilities have been
  met or otherwise discharged and until  its  existence  shall  have  been
  terminated  by  law.  Upon  the  termination  of  the  existence  of the
  corporation, all of its rights and property shall pass to and be  vested
  in the state.
    5.  The corporation shall hold regular meetings at least quarterly and
  shall hold special meetings on the call of the chairperson or any  three
  members  upon giving notice thereof to all members of the corporation at
  least forty-eight hours in advance.  All  meetings  shall  be  held  and
  notices filed in accordance with the open meetings law.

    6.  The  secretary  of the corporation shall be elected from the board
  membership.
    7.  The  corporation shall be administered by a producing director who
  shall be appointed by  and  serve  at  the  pleasure  of  the  board  of
  directors.
    8.  The producing director shall be the chief executive officer of the
  corporation, and shall, subject to the  direction  of  the  corporation,
  have general supervision over the administration, artistic standards and
  operation  of  the  corporation's  projects  and facility. The producing
  director shall recommend to the corporation appointments and non-renewal
  of all other employees of the corporation as prescribed by the rules and
  regulations  pertaining  to  civil  service  and   professional   status
  according to the laws governing the New York state employees.
    9.  The producing director and all other employees of the empire state
  theatre institute existing under the jurisdiction  and  control  of  the
  state university shall be transferred to the corporation as employees of
  the  state  of  New York, subject to the approval of the director of the
  budget. Such transfer shall not in any way affect the civil  service  or
  professional  status,  continuity  of  service,  retirement plan status,
  collective negotiating representation, right to compensation,  grade  or
  compensation   or  other  rights  and  privileges  of  any  employee  so
  transferred.
    10. The producing director shall attend all corporation  meetings  and
  shall have the right to speak at such meetings, but shall have no vote.
    11. The board of directors shall adopt bylaws governing the conduct of
  its  meetings  and  other matters not included hereunder relating to its
  organization and operations.
    12.  For  purposes  of  sections  seventy-three,  seventy-three-a  and
  seventy-four  of  the  public  officers  law, the New York state theatre
  institute corporation is a state  agency,  the  officers,  members,  and
  employees of which are subject to the provisions thereof.