§ 6274 — Administration of fund

§ 6274. Administration of fund. (1) For the period beginning July\nfirst, nineteen hundred seventy-nine and ending December thirty-first,\nnineteen hundred seventy-nine, the fund shall continue to be\nadministered by the trustees of the city university construction fund in\noffice as of June thirtieth, nineteen hundred seventy-nine. Effective\nJanuary first, nineteen hundred eighty the fund shall be administered by\nseven trustees, among whom shall be two ex-officio trustees, one of whom\nshall be the director of the division of the budget of the state of New\nYork, or his or her designee and the other of whom shall be the\nchairperson of the board of trustees of the city university. The five\nother trustees shall be appointed as follows:\n (a) The governor shall appoint two trustees, one of whom shall be a\ntrustee of the city university, the other of whom shall be subject to\nthe advice and consent of the senate.\n (b) The mayor shall appoint one trustee, who shall be subject to the\nadvice and consent of the senate.\n (c) The temporary president of the senate shall appoint one trustee.\n (d) The speaker of the assembly shall appoint one trustee.\n Each trustee, except ex officio trustees, shall serve for a term\nexpiring at the end of the term of the officer making the appointment.\nIn the event of a vacancy occurring in the office of a trustee by death,\nresignation, termination of membership on the board of trustees of the\ncity university of New York, or otherwise, a successor shall be chosen\nin the same manner as was the trustee whose office became vacant, to\nserve for the balance of the unexpired term.\n (2) The chairperson and the vice-chairperson of the trustees of the\nfund shall be appointed by and shall serve at the pleasure of the\ngovernor. The chairperson shall preside over all meetings of the\ntrustees and shall have such other duties as the trustees of the fund\nmay direct. The vice-chairperson shall preside over all meetings of the\ntrustees of the fund in the absence of the chairperson and shall have\nsuch other duties as the trustees of the fund may direct.\n (3) The trustees of the fund shall serve without salary, but each\ntrustee shall be reimbursed for his, or her actual and necessary\nexpenses incurred in the performance of his or her official duties as a\ntrustee of the fund. The trustees of the fund may engage in private\nemployment or in a profession or business (if not otherwise prohibited\nfrom so doing by virtue of any other public office), subject to the\nlimitations contained in sections seventy-three and seventy-four of the\npublic officers law. The fund shall, for the purposes of such sections,\nbe a "state agency", and the trustees thereof shall be "officers" of the\nagency for the purposes of said sections.\n (4) Notwithstanding any inconsistent provisions of law, general,\nspecial or local, no officer or employee of the state of New York, any\ncity, county, town or village, any other political or civil division of\nthe state, and municipality, any governmental entity operating any\npublic school or college, any school district or any other public\nspecial district, any public authority, commission or board or any other\npublic agency or instrumentality or unit of government which exercises\ngovernmental powers under the laws of the state, shall forfeit his or\nher office or employment by reason of his or her acceptance of\nappointment as a trustee, officer or agent of the fund.\n (5) The fund may delegate to one or more of its trustees, or officers,\nagents or employees, such powers and duties as the trustees may deem\nproper, but all contracts involving an estimated expense of ten thousand\ndollars or more and all leases, subleases or other agreements to be\nentered into pursuant to this article shall be approved prior to\nexecution by no less than four trustees of the fund.\n (6) The fund may appoint officers, employees and agents as it may\nrequire and it will prescribe their duties and fix their compensation.\n (7) On or before November fifteenth of each year, the fund shall\nsubmit, and thereafter may resubmit, to the comptroller of the state of\nNew York, the state director of the budget, the city director of\nmanagement and budget, the chairman of the senate finance committee, and\nthe chairman of the assembly ways and means committee, a financial\nstatement for the preceding city fiscal year, a report of its activities\nduring that year, and a report on its program for both the current and\nnext succeeding city fiscal years including but not limited to: (i) the\ntotal amount of instructional and non-instructional fees the fund\nestimates it will receive in the succeeding city fiscal year; (ii) the\nestimated cost of the administration of the fund in the succeeding city\nfiscal year; (iii) the amounts, if any, of all rentals and such other\npayments estimated to become due in the succeeding city fiscal year to\nthe dormitory authority from the fund pursuant to any leases, subleases\nor other agreements entered or to be entered into between the fund and\nthe dormitory authority prior to July first, nineteen hundred\neighty-five, to provide for senior college facilities and community\ncollege facilities, or pursuant to any agreement supplemental thereto;\n(iv) the amounts, if any, of all rentals and such other payments\nestimated to become due in the succeeding city fiscal year to the\ndormitory authority from the fund pursuant to any leases, subleases or\nother agreements between the fund and the dormitory authority entered or\nto be entered into on or after July first, nineteen hundred eighty-five\nor pursuant to any agreement supplemental thereto, to provide facilities\nfor senior colleges and community colleges; and (v) the amount of all\nmoneys anticipated to be transferred to the city university in the\nsucceeding city fiscal year pursuant to the provisions of subdivision\n(b) of section sixty-two hundred seventy-eight of this article. Such\nreport shall separately state the amounts of all rentals and such other\npayments estimated to become due in the succeeding city fiscal year\npursuant to any leases, subleases or other agreements between the fund\nand the dormitory authority which are allocable to senior college\nfacilities and community college facilities.\n