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Friday, May 07, 2010

Governor Paterson asks New York State Theatre Institute board members to resign

Governor Paterson asks New York State Theatre Institute board members to resign
Statutory Authority: §9.09.2, Arts and Cultural Affairs Law

Governor Paterson has advised the members of the Board of Directors of the New York State Theatre Institute* that he would remove them from their respective position if they failed to submit their resignations from the Board.

Are these Board Members entitled to “notice and hearing” as a condition precedent to their removal?

In a word, no.

The New York State Theatre Institute Corporation Board is comprised of a board of directors consisting of a chairperson and fourteen voting members and pursuant to §9.09.2 of the Arts and Cultural Affairs Law, all are appointed by, and serve at the pleasure of, the Governor.

As to other employees of the Institute, §9.09.8 of the Arts and Cultural Affairs Law provides, in pertinent part, that the appointments and non-renewal of all employees of the corporation other than the producing director are subject to “the rules and regulations pertaining to civil service and professional status according to the laws governing the [sic] New York state employees.”

* §9.09.12 of the Arts and Cultural Affairs Law provides that the New York State Theatre Institute, a public benefit corporation, is a State Agency and its officers, members, and employees are subject to the provisions of §§73 [Business or professional activities], 73-a [Financial disclosure] and 74 [Code of ethics] of the Public Officers Law.

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