N.Y. Public Authorities Law § 1299-dd: Rochester-Genesee regional transportation authority

§ 1299-dd. Rochester-Genesee regional transportation authority. 1.

(a) There is hereby created the Rochester-Genesee regional

transportation authority. The authority shall be a body corporate and

politic constituting a public benefit corporation. It shall consist of:

(i) at least one member from each county that elects to join the

authority except that the county of Monroe shall have seven members of

whom three shall be appointed from the city of Rochester and four at

large from the county of Monroe, (ii) and a voting member who is a

transit dependent individual appointed pursuant to paragraph (c) of this

subdivision, and (iii) one non-voting member as described in paragraph

(b) of this subdivision. The members shall be appointed by the governor

by and with the advice and consent of the senate. The governor shall

make initial appointments to the authority in such number and from lists

submitted as follows: three members shall be appointed to the authority

from a list of not less than six names, all of whom must be residents of

the city of Rochester, submitted to the governor by the council of the

city of Rochester; four persons from a list of not less than eight

persons, all of whom must be residents of the county of Monroe submitted

by the legislature of the county of Monroe. Other counties electing to

participate shall each submit to the governor a list of not less than

two persons for each one hundred thousand or major fraction of the total

population, as determined by the last federal decennial or federal

county-wide special census. From the counties outside the county of

Monroe which shall elect to participate, the governor shall appoint one

member for each one hundred thousand or major fraction of the total

population, as determined by the last federal decennial or federal

county-wide special census, with a minimum of one member to represent

each county outside the county of Monroe so electing to participate. All

members of the authority shall be residents of the area from which they

are nominated.

(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 Rochester-Genesee

regional transportation district as described in section twelve hundred

ninety-nine-cc 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 voting member who is a transit dependent individual as

described in paragraph (a) of this subdivision shall be appointed by the

governor for a term of five years. Such member shall be a resident of a

county within the district. If a vacancy occurs for such position, a

replacement shall be appointed within six months pursuant to this

process. Any local or statewide transit advocacy organization may

recommend one or more transit dependent individuals to be considered

pursuant to this section.

2. The members of the authority shall continue in office until their

successors are appointed and shall have qualified. One member appointed

from the city of Rochester and one member appointed from the county of

Monroe shall be appointed for terms ending July thirty-first, nineteen

hundred seventy-one; one member appointed from the city of Rochester and

two members appointed from the county of Monroe shall be appointed for

terms ending July thirty-first, nineteen hundred seventy-two; and one

member appointed from the city and one member appointed from the county

of Monroe shall be appointed for terms ending July thirty-first,

nineteen hundred seventy-three. The member (or members) who is (or are)

appointed from the other counties shall be appointed for a term (or

terms) of five years, but all terminating on the thirty-first day of

July of the fifth year. Thereafter, upon expiration of the term of a

member of the authority a successor shall be appointed by the governor

for a term expiring five years after the expiration of the term of his

predecessor. If a vacancy shall occur by reason of a death,

disqualification, resignation or removal of a member, the successor

shall be appointed by the governor for the unexpired term. Persons

succeeding members from the city of Rochester and the county of Monroe

on the authority shall be appointed from the same area and by the same

procedure as the original appointments. In the event of a vacancy as

defined herein, the successor appointed by the governor for an unexpired

term shall be from the same area. The same procedure shall be followed

for the filling of vacancies of members appointed from other counties.

Members of the authority shall, before entering upon the duties of their

office, take the constitutional oath of office and file the same in the

office of the secretary of state. No person while serving in any

elective office shall be eligible to serve as a member of the authority.

The members of the authority shall officially be designated and referred

to as commissioners.

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

receive a salary or other compensation when rendering service as a

member of the authority or as a member of one of its subsidiary

corporations, but shall be entitled to reimbursement for actual and

necessary expenses incurred in the performance of their official duties.

4. A majority of the whole number of votes of members of the

authority, including the voting member who is a transit dependent

individual as described in subdivision one of this section, shall

constitute a quorum for the transaction of business or the exercise of

any power of the authority. Except as otherwise specified in this act,

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 vote of

the members present at any meeting at which a quorum is in attendance.

Each member of the authority shall have one vote for each thirty-five

thousand or major fraction thereof of the population of the county or

city from which he is appointed based upon the results of the last

federal decennial or federal county-wide special census divided by the

total number of members appointed from such county or city, except that

the voting member who is a transit dependent individual as described in

subdivision one of this section shall have one vote in total. The

minimum number of votes each member shall have, regardless of

population, is one. The votes of all members shall be calculated with

fractions being rounded to the nearest whole number. The population of a

county for the purposes of this provision is the total population of

such county less the population of any city which is entitled to have

members appointed on the authority.

5. The authority shall organize by the selection from its members of a

chairman, vice chairman, secretary and such other officers as the

members may deem necessary. It shall adopt such rules as it may deem

necessary and proper for the government of its own proceedings, and

shall keep a record of such proceedings.

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

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

7. 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

member or chairman who holds such other public office or employment

shall be entitled to reimbursement for his actual and necessary expenses

incurred in the performance of such services.

8. 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.

9. 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.

10. Each of the counties that elect to become participating members of

the Rochester-Genesee regional transportation district may do so by

resolution adopted by a majority of the membership of its governing body

and such election by a county shall take effect upon the filing of a

duly certified copy of such resolution with the authority and with the

secretary of state, and the mailing of a certified copy thereof to the

county clerk of each county which is granted the power of election under

the provisions of this act.