Section 52. There shall be, in the office of the treasurer, but not subject to its control, a Massachusetts cultural council, hereinafter referred to in this section and in sections 53 to 58A, inclusive, as the council, consisting of nineteen members to be appointed by the governor from among qualified private citizens of the commonwealth who have demonstrated scholarship or creativity in, or distinguished service to, the arts, humanities, interpretive sciences, or local arts. The members of the council shall serve staggered, three year terms. Upon the expiration of the term of any member, the member's successor shall be appointed for a term of three years. Any vacancy shall be filled for the balance of the unexpired term. Elected public officials shall not be eligible for appointment to the council. Said members shall serve without compensation, but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties. In making such appointments the governor shall give due consideration to recommendations made by representative civic, educational, and professional groups concerned with the arts, humanities, interpretive sciences or local arts and shall maintain a reasonable representation among them. The council shall include at least 1 member residing in each of the 14 counties an not more than 3 members residing in any 1 county. The governor shall designate a chairman and vice chairman from the members of the council to serve as such at the pleasure of the governor. The council shall, by majority vote, approve for each year a program and a budget, and the chairman shall be the chief executive officer of the council to carry out such programs within the budget.

The council shall have an executive director with experience and a continuing interest in the arts, humanities and interpretive sciences who shall be appointed by and serve at the pleasure of the chairman and the council, and whose compensation shall be fixed by the council, all subject to the consent of a majority of the council. The position of executive director and all other positions established pursuant to this section shall not be subject to the provisions of section nine A of chapter thirty nor the provisions of chapter thirty-one.