N.Y. Public Authorities Law § 1299-c: Niagara Frontier transportation authority

1299-c. Niagara Frontier transportation authority. 1. (a) There is

hereby created the "Niagara Frontier transportation authority." The

authority shall be a body corporate and politic constituting a public

benefit corporation. The authority shall consist of a chairman, ten

voting members and shall have one non-voting member as described in

paragraph (b) of this subdivision appointed by the governor by and with

the advice and consent of the senate. The chairman and all members shall

be residents of the district. Of the ten voting members other than the

chairman, one shall be appointed upon the written recommendation of the

Erie county executive, one shall be appointed upon the written

recommendation of the Erie county legislature, and at least one shall be

a transit dependent individual. The chairman and each of the members

shall be appointed for a term of eight years, provided however, that the

chairman first appointed shall serve for a term ending June thirtieth,

nineteen hundred seventy-three, and of the eight other members first

appointed, one shall serve for a term ending June thirtieth, nineteen

hundred sixty-eight, two shall serve for a term ending June thirtieth,

nineteen hundred sixty-nine, one shall serve for a term ending June

thirtieth, nineteen hundred seventy, two shall serve for a term ending

June thirtieth, nineteen hundred seventy-one, one shall serve for a term

ending June thirtieth, nineteen hundred seventy-two and one shall serve

for a term ending June thirtieth, nineteen hundred seventy-three. The

term of one of the members appointed to memberships first created by law

after April first, nineteen hundred sixty-nine shall end on June

thirtieth, nineteen hundred seventy-four, and the term of the other such

member shall end on June thirtieth, nineteen hundred seventy-five.

Following the expiration of any term ending on or after June thirtieth,

nineteen hundred eighty-seven, each member shall be appointed for a term

of five years beginning on the day after the expiration date of such

prior term; provided, however, that the term of the member first

appointed upon the written recommendation of the Erie county executive

and the term of the member first appointed upon the written

recommendation of the Erie county legislature shall be for a term ending

on June thirtieth, nineteen hundred ninety-six.

(b) The non-voting member of the authority, who shall not be

considered in determining a quorum, shall be recommended to the governor

by the labor organization representing the plurality of the employees

within the authority and shall be a resident of the Niagara Frontier

transportation district as described in section twelve hundred

ninety-nine-b of this title. Such non-voting member shall be appointed

for a term of five years, provided, however, that if at any time during

the term of appointment such non-voting member ceases to be affiliated

with the labor organization representing the plurality of employees

within the authority, then such labor organization may at any time

during such term recommend a new member to the governor who shall serve

the remainder of the term. If the local bargaining unit decertifies its

existing union affiliation and certifies a new union, the union which

represents the plurality of the employees may recommend a new member to

the governor who shall serve the remainder of the term. The chairman of

the authority, at his or her discretion, may exclude such non-voting

member from attending any portion of a meeting of the authority or of

any committee held for the purpose of discussing negotiations with labor

organizations, pending litigation involving the labor organization, or

the investigation, evaluation, or discipline of an employee.

(c) The transit dependent individual appointed pursuant to paragraph

(a) of this subdivision shall be appointed by the governor. Such member

shall be a resident of a county described in paragraph (a) of this

subdivision. If a vacancy shall occur, a replacement shall be appointed

within six months, subject to the same appointment process set forth in

this paragraph. Any local or statewide transit advocacy organization may

recommend one or more transit dependent individuals to be considered for

appointment pursuant to this section.

2. The members of the authority, including the chairman shall not

receive a salary or other compensation. Upon formal adoption of policies

and guidelines by the authority, each member, including the chairman,

shall be entitled to reimbursement for actual and necessary expenses

incurred in the performance of official duties.

3. A majority of the whole number of members of the authority then in

office shall constitute a quorum for the transaction of any business or

the exercise of any power of the authority. Except as otherwise

specified in this title, for the transaction of any business or the

exercise of any power of the authority, the authority shall have power

to act by a majority of the members present at any meeting at which a

quorum is in attendance.

4. The chairman shall preside over the board and shall establish

committees to assist the board in carrying out its duties, including but

not limited to a committee on operations and personnel; a committee on

finance and audit; and a committee on capital planning. The chairman

shall appoint members of the authority to such committees.

5. The authority shall be a "state agency" for the purposes of

sections seventy-three and seventy-four of the public officers law.

6. Notwithstanding any inconsistent provisions of this or any other

law, general, special or local, no officer or employee of the state, or

of any public corporation as defined in the general corporation law,

shall be deemed to have forfeited or shall forfeit his office or

employment or any benefits provided under the retirement and social

security law or under any public retirement system maintained by the

state or any of its subdivisions by reason of his acceptance of

membership on or chairmanship of the authority; provided, however, a

chairman who holds such other public office or employment shall receive

no additional compensation for services rendered pursuant to this title,

but the members and chairman shall be entitled to reimbursement for

their actual and necessary expenses incurred in the performance of such

services.

7. The governor may remove any member for inefficiency, neglect of

duty or misconduct in office after giving him a copy of the charges

against him and an opportunity to be heard, in person or by counsel in

his defense, upon not less than ten days' notice. If any member shall be

so removed, the governor shall file in the office of the department of

state a complete statement of charges made against such member, and his

findings thereon, together with a complete record of the proceedings.

8. The authority shall continue so long as it shall have bonds or

other obligations outstanding and until its existence shall be

terminated by law. Upon the termination of the existence of the

authority, all its rights and properties shall pass to and be vested in

the state, except that the Buffalo projects, together with all property

and assets held and acquired by the authority or by the Niagara Frontier

port authority in connection therewith, shall thereupon become the

property of and shall be under the jurisdiction, control and possession

of the city of Buffalo. As used herein, the Buffalo projects shall mean

(a) the greater Buffalo international airport; (b) the Buffalo municipal

piers project formerly owned and operated by the city of Buffalo at the

foot of Michigan avenue on the Buffalo harbor, in the city of Buffalo;

and (c) the Buffalo small boat harbor project formerly owned and

operated by the city of Buffalo for the mooring of small craft and

boats, located on Fuhrmann boulevard and the Buffalo harbor, in the city

of Buffalo.

9. Notwithstanding the provisions of paragraph eight of this section

or any other provisions of law, the authority may purchase and the city

of Buffalo may sell its reversionary interests in any of the projects

mentioned in paragraph eight of this section and in such event, upon

termination of the authority by law, any project so acquired shall

revert to and become the property of the state.