New York State - Executive - EXC - Article 15-B
ARTICLE 15-B NEW YORK STATE MARTIN LUTHER KING, JR. INSTITUTE FOR NONVIOLENCE ACT
Section 320. Legislative findings and declaration.
321. Definitions.
322. The New York state Martin Luther King, Jr. institute for nonviolence.
323. Powers and duties.
324. Fellowships.
325. Grants.
326. Reporting.
327. Contributions to the institute.
§ 320. Legislative findings and declaration. The legislature finds and declares that an institution embodying the heritage, ideals and concerns of the people of the state of New York for peace and social justice as exemplified by the philosophy and nonviolent leadership of Dr. Martin Luther King, Jr. is an appropriate response to the significant public need for the state to develop methods in addition to current law enforcement responses to curb the use of violence and encourage the nonviolent management of social conflict.
It is further found and declared that people throughout the state fear violence and deplore the social injustice that can give rise to violence. New York state citizens are experiencing increasing racial and cultural hostilities stemming from rapid social change and real and perceived conflicts over group and individual interests and they may be disadvantaged by a lack of problem-solving skills for redressing these social conflicts.
It is further found and declared that many potentially destructive conflicts between different societal groups and interests have been resolved constructively and effectively at the national, state and local level through the use of nonviolent methods as were advocated and exemplified by the life of Dr. Martin Luther King, Jr.
It is further found and declared there is a need to examine the history, nature, elements and future of nonviolent processes for conflict resolution, and to develop new techniques to promote nonviolence solutions to economic, political, social and cultural conflicts in the state. Such activities conducted through government, private enterprise, and voluntary associations can be strengthened by a state institution devoted to research, education and training and the provision of information services with respect to nonviolent conflict resolution techniques.
To accomplish these public purposes, it therefore is necessary that the state of New York establish the New York state Martin Luther King, Jr. institute for nonviolence to serve the citizens of the state and their government through education and training opportunities, basic and applied research opportunities, and information services, with respect to the promotion of nonviolent methods and techniques to resolve conflicts among individuals and groups of New York state citizens.
§ 321. Definitions. The following terms as used in this article shall have the following meanings.
1. "Board" shall mean the board of directors of the institute.
2. "Institute" shall mean the New York state Martin Luther King, Jr. institute for nonviolence established by section three hundred twenty-two of this article.
§ 322. The New York state Martin Luther King, Jr. institute for nonviolence. 1. There is hereby created the New York state Martin Luther King, Jr. institute for nonviolence. The institute shall be a public corporation and its membership shall consist of thirteen members as follows: the chancellor of the state university of New York, the commissioner of education of the state of New York, the chairperson of the New York state Martin Luther King, Jr. commission, and ten members to be appointed by the governor. Of the members appointed by the governor, one shall be a member of the New York state senate appointed by the governor on the recommendation of the majority leader, one shall be a member of the New York state senate appointed by the governor on the recommendation of the minority leader, one shall be a member of the New York state assembly appointed by the governor on the recommendation of the speaker of the assembly, one shall be a member of the New York state assembly appointed by the governor on the recommendation of the minority leader; and six shall be members appointed by the governor, no more than three of whom may be members of the same political party.
From among the ten directors appointed by him, the governor shall appoint a chairperson who shall serve for a term of three years.
Members of the board of directors shall serve the following terms of office:
(a) A member of the state legislature appointed to the board shall serve for a single term not to exceed five years and shall serve as a member only while he or she is a member of the legislature.
(b) Of the six directors appointed by the governor who are not members of the legislature, three directors shall serve for terms of four years, two directors shall serve for terms of three years, and one director shall serve for a one year term. Thereafter, each director, except for a director appointed to fill an unexpired term, shall serve for a five year term. No director may serve on the board for more than ten years.
2. In the event of a vacancy occurring in the office of a director by death, resignation or otherwise, the governor shall appoint a successor, with the advice and consent of the New York state senate, to serve for the balance of the unexpired term.
3. The board of directors shall provide for the holding of regular and special meetings. A majority of the directors shall constitute a quorum for the transaction of any business and, unless a greater number is required by the by-laws of the corporation, the acts of a majority of the directors present at a meeting at which a quorum is present shall be deemed to be the acts of the board.
4. The board of directors shall adopt by-laws for the corporation and may appoint such officers and employees as it deems advisable and may fix their compensation and prescribe their duties.
5. The directors appointed by the governor shall serve without salary, but each director, including the chairperson shall be entitled to reimbursement for such director's reasonable actual and necessary expenses incurred in the performance of his or her official duties, and except in the case of any director who serves as a member of the legislature or serves in an ex officio capacity, a per diem allowance when rendering services as such director.
6. No member of the board of directors shall participate in a decision on the awarding of any grant or contract to an individual or organization with whom such member is affiliated.
7. Directors other than the chancellor of the state university of New York and the commissioner of education of the state of New York may engage in private employment, or in a profession or business. The corporation, its directors, officers and employees shall be subject to the provisions of sections seventy-three and seventy-four of the public officers law.
§ 323. Powers and duties. The institute shall have the following powers and duties:
1. To conduct research and undertake studies, particularly of an interdisciplinary or of a multi-disciplinary nature, into the causes of violence and other social conflicts, and peace and nonviolence theories, methods, techniques, programs and systems;
2. To develop programs to make research, education and training with respect to nonviolent conflict resolution more available and useful to persons in government, private enterprise, community groups and voluntary associations;
3. To conduct training, provide symposia and develop continuing education and research programs to promote skills in nonviolent conflict resolution;
4. To establish such divisions, programs, schools, and offices as the board deems appropriate to carry out the purposes of this article;
5. To enter into formal and informal relationships with other public or private institutions for purposes of fulfilling the goals of the institute not inconsistent with this article;
6. To establish a clearinghouse and develop and provide other programs and materials, including publications, handbooks, training manuals, and audio-visual materials, for disseminating information on the programs, studies, research, and training and educational opportunities, of the institute;
7. To enter into contracts;
8. To adopt, amend and alter by-laws, not inconsistent with the laws of the state of New York;
9. To charge and collect subscription and other participation costs and fees for its services, including publications, and courses of study;
10. The institute may sue and be sued, complain, and defend in any court of competent jurisdication; and
11. The institute may do any and all lawful acts and things necessary or desirable to carry out the objectives and purposes of this article.
§ 324. Fellowships. The institute may establish fellowships, through the provisions of financial assistance in the form of stipends, grants or loans or other assistance, to individuals to enable them to pursue scholarly inquiry and study other appropriate forms of strategies for peace and nonviolent conflict resolution. No such assistance shall be provided for a period in excess of two years.
§ 325. Grants. The institute may undertake to provide financial assistance in the form of grants or loans and may contract with public and private educational institutions, including primary and secondary schools and community colleges, and with other public and private entities to carry out the purposes of this article.
§ 326. Reporting. The institute shall provide a report of an audit to the governor of the state of New York and each house of the legislature no later than six months following the close of each fiscal year. The report shall set forth the scope of the audit and include such statements, together with the independent auditor's opinion of those statements, as are necessary to present fairly the institute assets and liabilities, surplus or deficit, with reasonable detail, during the year including a schedule of all contracts and grants requiring payments in excess of five thousand dollars and any payments of compensation, salaries, or fees at a rate in excess of five thousand dollars per annum.
§ 327. Contributions to the institute. The institute may receive grants and contributions from any public or private source to the extent authorized by law.
Section 320. Legislative findings and declaration.
321. Definitions.
322. The New York state Martin Luther King, Jr. institute for nonviolence.
323. Powers and duties.
324. Fellowships.
325. Grants.
326. Reporting.
327. Contributions to the institute.
§ 320. Legislative findings and declaration. The legislature finds and declares that an institution embodying the heritage, ideals and concerns of the people of the state of New York for peace and social justice as exemplified by the philosophy and nonviolent leadership of Dr. Martin Luther King, Jr. is an appropriate response to the significant public need for the state to develop methods in addition to current law enforcement responses to curb the use of violence and encourage the nonviolent management of social conflict.
It is further found and declared that people throughout the state fear violence and deplore the social injustice that can give rise to violence. New York state citizens are experiencing increasing racial and cultural hostilities stemming from rapid social change and real and perceived conflicts over group and individual interests and they may be disadvantaged by a lack of problem-solving skills for redressing these social conflicts.
It is further found and declared that many potentially destructive conflicts between different societal groups and interests have been resolved constructively and effectively at the national, state and local level through the use of nonviolent methods as were advocated and exemplified by the life of Dr. Martin Luther King, Jr.
It is further found and declared there is a need to examine the history, nature, elements and future of nonviolent processes for conflict resolution, and to develop new techniques to promote nonviolence solutions to economic, political, social and cultural conflicts in the state. Such activities conducted through government, private enterprise, and voluntary associations can be strengthened by a state institution devoted to research, education and training and the provision of information services with respect to nonviolent conflict resolution techniques.
To accomplish these public purposes, it therefore is necessary that the state of New York establish the New York state Martin Luther King, Jr. institute for nonviolence to serve the citizens of the state and their government through education and training opportunities, basic and applied research opportunities, and information services, with respect to the promotion of nonviolent methods and techniques to resolve conflicts among individuals and groups of New York state citizens.
§ 321. Definitions. The following terms as used in this article shall have the following meanings.
1. "Board" shall mean the board of directors of the institute.
2. "Institute" shall mean the New York state Martin Luther King, Jr. institute for nonviolence established by section three hundred twenty-two of this article.
§ 322. The New York state Martin Luther King, Jr. institute for nonviolence. 1. There is hereby created the New York state Martin Luther King, Jr. institute for nonviolence. The institute shall be a public corporation and its membership shall consist of thirteen members as follows: the chancellor of the state university of New York, the commissioner of education of the state of New York, the chairperson of the New York state Martin Luther King, Jr. commission, and ten members to be appointed by the governor. Of the members appointed by the governor, one shall be a member of the New York state senate appointed by the governor on the recommendation of the majority leader, one shall be a member of the New York state senate appointed by the governor on the recommendation of the minority leader, one shall be a member of the New York state assembly appointed by the governor on the recommendation of the speaker of the assembly, one shall be a member of the New York state assembly appointed by the governor on the recommendation of the minority leader; and six shall be members appointed by the governor, no more than three of whom may be members of the same political party.
From among the ten directors appointed by him, the governor shall appoint a chairperson who shall serve for a term of three years.
Members of the board of directors shall serve the following terms of office:
(a) A member of the state legislature appointed to the board shall serve for a single term not to exceed five years and shall serve as a member only while he or she is a member of the legislature.
(b) Of the six directors appointed by the governor who are not members of the legislature, three directors shall serve for terms of four years, two directors shall serve for terms of three years, and one director shall serve for a one year term. Thereafter, each director, except for a director appointed to fill an unexpired term, shall serve for a five year term. No director may serve on the board for more than ten years.
2. In the event of a vacancy occurring in the office of a director by death, resignation or otherwise, the governor shall appoint a successor, with the advice and consent of the New York state senate, to serve for the balance of the unexpired term.
3. The board of directors shall provide for the holding of regular and special meetings. A majority of the directors shall constitute a quorum for the transaction of any business and, unless a greater number is required by the by-laws of the corporation, the acts of a majority of the directors present at a meeting at which a quorum is present shall be deemed to be the acts of the board.
4. The board of directors shall adopt by-laws for the corporation and may appoint such officers and employees as it deems advisable and may fix their compensation and prescribe their duties.
5. The directors appointed by the governor shall serve without salary, but each director, including the chairperson shall be entitled to reimbursement for such director's reasonable actual and necessary expenses incurred in the performance of his or her official duties, and except in the case of any director who serves as a member of the legislature or serves in an ex officio capacity, a per diem allowance when rendering services as such director.
6. No member of the board of directors shall participate in a decision on the awarding of any grant or contract to an individual or organization with whom such member is affiliated.
7. Directors other than the chancellor of the state university of New York and the commissioner of education of the state of New York may engage in private employment, or in a profession or business. The corporation, its directors, officers and employees shall be subject to the provisions of sections seventy-three and seventy-four of the public officers law.
§ 323. Powers and duties. The institute shall have the following powers and duties:
1. To conduct research and undertake studies, particularly of an interdisciplinary or of a multi-disciplinary nature, into the causes of violence and other social conflicts, and peace and nonviolence theories, methods, techniques, programs and systems;
2. To develop programs to make research, education and training with respect to nonviolent conflict resolution more available and useful to persons in government, private enterprise, community groups and voluntary associations;
3. To conduct training, provide symposia and develop continuing education and research programs to promote skills in nonviolent conflict resolution;
4. To establish such divisions, programs, schools, and offices as the board deems appropriate to carry out the purposes of this article;
5. To enter into formal and informal relationships with other public or private institutions for purposes of fulfilling the goals of the institute not inconsistent with this article;
6. To establish a clearinghouse and develop and provide other programs and materials, including publications, handbooks, training manuals, and audio-visual materials, for disseminating information on the programs, studies, research, and training and educational opportunities, of the institute;
7. To enter into contracts;
8. To adopt, amend and alter by-laws, not inconsistent with the laws of the state of New York;
9. To charge and collect subscription and other participation costs and fees for its services, including publications, and courses of study;
10. The institute may sue and be sued, complain, and defend in any court of competent jurisdication; and
11. The institute may do any and all lawful acts and things necessary or desirable to carry out the objectives and purposes of this article.
§ 324. Fellowships. The institute may establish fellowships, through the provisions of financial assistance in the form of stipends, grants or loans or other assistance, to individuals to enable them to pursue scholarly inquiry and study other appropriate forms of strategies for peace and nonviolent conflict resolution. No such assistance shall be provided for a period in excess of two years.
§ 325. Grants. The institute may undertake to provide financial assistance in the form of grants or loans and may contract with public and private educational institutions, including primary and secondary schools and community colleges, and with other public and private entities to carry out the purposes of this article.
§ 326. Reporting. The institute shall provide a report of an audit to the governor of the state of New York and each house of the legislature no later than six months following the close of each fiscal year. The report shall set forth the scope of the audit and include such statements, together with the independent auditor's opinion of those statements, as are necessary to present fairly the institute assets and liabilities, surplus or deficit, with reasonable detail, during the year including a schedule of all contracts and grants requiring payments in excess of five thousand dollars and any payments of compensation, salaries, or fees at a rate in excess of five thousand dollars per annum.
§ 327. Contributions to the institute. The institute may receive grants and contributions from any public or private source to the extent authorized by law.
