New York State Cultural Education Trust By-Laws
ARTICLE I
Authority and Name
1. The New York State Cultural Education Trust (“Trust”) is an entity established under the jurisdiction of the State Education Department pursuant to the “New York State Cultural Education Trust Act,” Title P. Article 40 of Chapter 58 of the Laws of 2006.
2. The Trust shall be governed by a board to be known as the “New York State Cultural Education Trust Board” (hereafter “Trust Board”).
3. The Trust Board is organized and shall be operated pursuant to the provisions of the above referenced law and any other applicable laws and regulations.
4. The purpose of the Trust shall be to prepare and recommend a plan, in cooperation with the Commissioner of Education, to the Director of the Budget regarding projects to enhance the public display of the collections and exhibits of the State Museum, Library and Archives, and for the acquisition of a new storage facility for such collections.
ARTICLE II
Fiscal Year
The fiscal year of the Trust shall begin April 1 and end March 31 of each year.
ARTICLE III
Membership and Officers
1. The Trust Board membership and the terms thereof shall be as set forth in section 40.05 of the New York State Arts and Cultural Affairs Law.
2. The Deputy Commissioner of Cultural Education shall serve as the Executive Officer of the Trust Board. In consultation with the Chair, The Executive Officer will be responsible for arrangements relating to meetings of the Trust Board, record-keeping on behalf of the Trust Board, and other duties as the Chair or Trust Board shall designate.
3. The Chair shall:
- a. Preside at all meetings of the Trust Board;
- b. Ensure compliance with all laws and regulations relating to the organization and operation of the Trust Board and these By-laws;
- c. Call meetings of the Trust Board (i) when s/he deems it necessary and proper, or (ii) when requested in writing or by e-mail by any three members of the Trust Board;
- d. Present at each meeting of the Trust Board a report with such recommendations as s/he may deem necessary and proper;
- e. Perform all the powers and duties incident to the position of Chair and such other powers and duties as may be assigned by the Trust Board.
4. In the case of the Chair’s absence from a meeting of the Trust Board, the Chair shall designate a member of the Trust Board to have the powers and duties of the Chair.
5. The Chair shall direct the Executive Officer to enter in the proper books all resolutions and proceedings of the Trust Board or of any Committee thereof, and to conduct the correspondence of the Trust Board, issue notices and agenda of Trust Board meetings, and keep the books and records of the Trust Board.
6. Not later than ninety days following the end of the State fiscal year the Trust Board shall annually submit to the Governor, the Majority Leader of the Senate and the Speaker of the Assembly a report on the priorities and finances of the Trust.
7. No Trust Board member shall receive or be entitled to receive any pecuniary profit, salary or other compensation from the operations thereof; but members may be reimbursed for their ordinary and necessary expenses incurred in the performance of their powers and duties as a member of the Trust Board.
ARTICLE IV
Meetings
1. Except as otherwise provided in these By-laws, written notice of all meetings of the Trust Board, specifying the time, place and purposes thereof, shall be given to each member by mail or personally at least ten days before such meetings or by e-mail or fax as least five days before such meeting. Notices by mail shall be deemed to have been given at the time when mailed to such member at her or his address on the books of the Trust Board, as indicated by postmark, and notice by e-mail or fax shall be deemed to have been given a the time when given for transmission. In lieu of such written notice, a waiver thereof in writing, signed by the member or members entitled to such notice, whether before, at or after the meeting, shall be deemed equivalent to such notice for purposes of these By-laws . No notice to or waiver by any member with respect to any meeting shall be required if such member is present at such meeting and does not at its convening object to the lack of notice thereof. Meetings of the Trust Board shall be held at such time and at such place as is designated by the person or persons duly calling the meeting; however, preference shall be given to Albany as the location for meetings of the Trust Board.
2. A quorum of the Trust Board shall consist of three members.
3. At its meetings, the Trust Board will review and act upon plans recommended by the Commissioner of Education, supporting data and other information on the enhancement of the public display of the collections and exhibits of the State Museum, Library and Archives, and for the acquisition of a new storage facility for such collections, as well as status reports from the Executive Officer on actions already taken by the Trust Board.
4. All actions of the Trust Board shall require the vote of a majority of the Trust Board.
5. If any member of the Trust Board can not attend a meeting in person due to circumstances explained to the Chair, the Trust Board member may participate in a meeting by means of video conference, consistent with the requirements of the Article 7 of the Public Officers Law (“Open Meetings Law”). Members so attending shall be regarded as present at the meeting for all purposes.
6. The Chair shall direct the Executive Officer to prepare minutes of all meetings subject to acceptance and approval by the Trust Board at its next meeting.
ARTICLE V
Rules of Order
The rules of procedure in the most current edition of “Robert’s Rules of Order” shall govern all meetings of the Trust Board subject to applicable law and regulations, and these By-laws.
ARTICLE VI
Office
1. The principal office of the Trust Board and the Trust shall be at Room 10A33, Cultural Education Center, Albany, New York 12230.
2. Except as otherwise directed by the Trust Board or as the operations of the Trust Board may require, all the books and records of the Trust Board shall be kept at its principal office.
ARTICLE VII
Indemnification
Any person and the heirs, executors and administrators of such person made a party to any action, suit or proceeding by reason of the fact that he or she is or was a member of the Trust Board shall be indemnified to the extent authorized by the Public Officers Law against any and all liability and the reasonable expenses, including attorney’s fees and disbursements, incurred by her or him or by her or his heir, executors or administrators in connection with the defense or settlement of such action, suit or proceeding, or in connection with any appearance therein.
ARTICLE VIII
Amendments
Amendments to these By-laws may be made at any meeting of the Trust Board, upon notice and by vote of a majority of the members of the Trust Board.