(a) Qualifications, powers and duties.
(1) The Committee. The Commissioner of the Department of Cultural Affairs (the "Commissioner") shall appoint an Artist's Certification Committee (the "Committee"), the members of which shall review and make recommendations regarding the disposition of applications for certification. Such committee shall consist of up to 18 members, none of whom shall be a member of the staff of the Department. There shall be, if feasible, at least one member appointed from each of the following disciplines: painting, sculpture, crafts, photography, film/video, dance, music, writing and performance/theater. The remaining members of the Committee may be arts educators, arts administrators or representatives of arts or other community organizations. Unless otherwise waived by the Commissioner, all members shall reside or work in New York City.
(2) The Appeals Board. In the event that pursuant to 58 RCNY § 1-06(b), an appeal is taken of the Commissioner's denial of a particular application, the Commissioner shall appoint an Artist's Certification Appeals Board (the "Appeals Board") to make the initial recommendation with regard to such appeal. The Appeals Board shall consist of at least 6 members, selected from a list prepared on a yearly basis of individuals
(i) engaged in the disciplines referred to in 58 RCNY § 1-02(a)(1) or
(ii) otherwise engaged in the arts as arts educators, arts administrators or representatives of arts or other community organizations, none of whom shall have been members of the Committee at the time such application was initially reviewed. Such Appeals Board shall contain if possible at least 3 members engaged in the disciplines referred to in 58 RCNY § 1-02(a)(1), and in particular, 1 to 2 members engaged in the art form for which the applicant has applied, and one member of the staff of the Department other than the Artist's Certification Coordinator referred to in 58 RCNY § 1-03. Unless otherwise waived by the Commissioner, any person appointed by the Commissioner to be a member of any Appeals Board shall reside or work in New York City.
(b) Term.
(1) Length. The members of the Committee shall serve for a three year term and shall be divided into three classes consisting of not more than six members each.
(2) New appointments. Each year in June, the Commissioner shall appoint members to fill the places of the class whose term expires in that year, and such newly appointed members shall serve for a term which begins on September 1 of that year and expires on August 31, three years hence. Members may be re-appointed for one additional 3-year term but no member who has served two consecutive three-year terms may serve an additional term until at least one year after the expiration of his or her second term.
(3) Filling vacancies for an unexpired term. The Commissioner may at any time fill any vacancy among the members of the Committee for the unexpired term of such vacant position, but such appointment shall be subject to the requirement set forth in 58 RCNY § 1-02(a)(1) as to representation of each of the media referred to in such section.
(4) Resignations and leaves. A member may resign at any time prior to the expiration of his or her term by delivering a letter of resignation to the Commissioner, and such resignation shall be effective as of the date specified in such letter. A leave of absence not to exceed one year may be taken by any member.
(5) Removal of Committee members. The Commissioner may, after consultation with the Committee, remove a member from the Committee whenever the Commissioner concludes, in the reasonable exercise of his or her discretion, that service by that member is no longer appropriate. Grounds for removal shall include, but not be limited to, the fact that such member
(i) no longer resides or works in New York City or
(ii) has incurred three or more unexcused absences from regularly scheduled monthly meetings of the Committee in any one year period beginning September 1.
(c) Meetings. The Committee shall meet during the first week of each month except July and August and at such other times as may be scheduled by the Department. A record shall be kept of each regularly scheduled meeting and shall include, among other matters, a listing of each applicant whose application is considered at such meeting and the recommendation or other action taken with regard to such application.
The Commissioner shall appoint an Artist's Certification Coordinator (the "Coordinator") who shall be a member of the staff of the Department and who shall be responsible for the administration of the artist's certification procedure. Among other matters, the Coordinator shall review applications, maintain files pertaining to artist's certification, answer inquiries from the public, schedule meetings of the Committee, and prepare the agenda for and the record of each such meeting.
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