N.Y. Comp. Codes R. & Regs. tit. 9 § 3.65

Current through Register Vol. 46, No. 17, April 24, 2024

Section 3.65 - Executive order no. 65: [creating the empire state plaza council.]

Whereas, the facilities of the Empire State Plaza, located in the City of Albany, are suited for a wide variety of cultural, social, professional, recreational and academic activities; and

Whereas, such activities provide a unique opportunity to improve the quality of life enjoyed by the citizens of our State, enhance the image and reputation of the State Capital, and facilitate the economic development of the entire Capital District, and

Whereas, there exists a need to ensure the efficient development and utilization of these facilities, as well as the effective management of the activities to be conducted thereat;

Now, therefore, I, Hugh L. Carey, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and laws of the State of New York, do hereby create in the Office of General Services a new council, to be known as the Empire State Plaza Council.

I. Definitions.

As used in this Order, the following terms shall have the following meanings:

a. Council shall mean the council created by this Order.

b. Empire State Plaza shall mean the governmental complex constructed and occupied by the State of New York in the City of Albany under an agreement entered into with the County of Albany pursuant to chapter 152 of the Laws of 1964.

c. Facilities shall mean the grand staircase, the bandstand and surrounding areas for open air events; the ellipsoidal Performing Arts Center; the tiered Convention Hall and associated food preparation areas; the six ancillary meeting rooms; associated storage, rehearsal and dressing rooms, and lounges; the Plaza Restaurant and other permanent food service accommodations on the Plaza level.

II. The Empire State Plaza Council.

A. Composition; creation.

The Council shall consist of the Commissioner of General Services, who shall serve as chairman; six members appointed by the Governor; and one member appointed by each of the following: the Temporary President of the Senate, the Speaker of the Assembly, the Minority Leader of the Senate, the Minority Leader of the Assembly, the County Executive of the County of Albany, and the Mayor of the City of Albany. A vice-chairman shall be elected by the members to serve at their pleasure. The council shall come into existence upon the appointment of any six of the members, forming with the chairman a majority of the council which shall constitute a quorum.

B. Terms of office.

The term of each member shall be two years, except that three of the members initially selected by the Governor and the three members initially selected by the Minority Leaders of the State Legislature and the Mayor of the City of Albany shall each serve for a term of one year.

C. Vacancies.

Vacancies among members otherwise than by expiration of the term shall be filled for the unexpired term in the same manner as such appointment was previously made.

D. Compensation.

The members of the Council shall not be entitled to compensation for their services but shall be entitled to reimbursement for actual and necessary expenses incurred in the performance of their official duties.

III. Powers and duties of the council.

The council shall have the following powers and duties:

a. To set policies and to advise the Office of General Services regarding the use of the Empire State Plaza facilities and the management of activities to be conducted at such facilities, including but not limited to matters concerning the physical operation of the facilities, establishment of fees and scheduling of events;

b. To plan and promote activities in the public interest at the Empire State Plaza facilities;

c. To formulate and recommend rules and regulations relating to the use of the Empire State Plaza facilities for adoption by the Office of General Services;

d. To maintain liaison with community groups in order to coordinate use of the Empire State Plaza facilities and use of local resources, and to determine needs and opportunities with regard to those interrelated uses;

e. To provide counsel to other State agencies in the planning of activities to be held at the Empire State Plaza facilities;

f. To contract for, accept or agree to accept, as an agent for the State, any grant, contribution or funds for any purposes related to this Order;

g. To perform such other functions and duties which may be necessary to the effective discharge of its responsibilities; and h. To report annually to the Governor and the Legislature on its activities.

IV. Internal management.

The council may employ such staff and may retain the services of such consultants as may be deemed necessary, at a compensation to be fixed by the chairman, and may make such other expenditures as may be deemed necessary, within the amounts available therefor and subject to the approval of the Director of the Budget. In carrying out its functions, powers and duties the council shall, to the extent feasible, make use of the resources of existing State departments and agencies.

Signed: Hugh L. CareyDated: December 29, 1977

N.Y. Comp. Codes R. & Regs. Tit. 9 § 3.65