N.Y. Public Authorities Law § 1328: Central New York regional transportation authority

§ 1328. Central New York regional transportation authority. 1. (a)

There is hereby created the central New York regional transportation

authority. The authority shall be a body corporate and politic

constituting a public benefit corporation. It shall consist of not more

than twelve members, including a chairman and shall have one non-voting

member as described in paragraph (b) of this subdivision. At least one

voting member shall be a transit dependent individual who shall be

appointed by the governor. If a vacancy occurs for such transit

dependent individual member position, a replacement shall be appointed

within six months, subject to the same appointment process within this

paragraph. 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, submitted to the governor by the common

council of the city of Syracuse, five members from a list of not less

than ten names, submitted by the legislature of the county of Onondaga

and two members shall be appointed from a list of not less than four

names submitted by the legislature of the county of Oneida. 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 nineteen hundred

seventy or any subsequent federal decennial or federal county-wide

special census, of the counties outside the county of Onondaga which

shall elect to participate, from which number the governor shall appoint

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

population, as determined by such federal decennial or federal

county-wide special census, with a maximum of three members to represent

such counties outside the county of Onondaga so electing to participate.

In addition to the members specified above, the governor shall appoint a

transit dependent individual as a voting member who resides within a

county within the district. Any local or statewide transit advocacy

organization may recommend one or more transit dependent individuals to

be considered for appointment pursuant to this section.

(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. The non-voting member shall be appointed for a

term of seven years, provided, however, that if at any time during the

term of appointment the 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.

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

successors are appointed and shall have qualified. One member

recommended by the common council of the city of Syracuse and one member

recommended by the legislature of the county of Onondaga shall be

appointed for terms ending July thirty-first, nineteen hundred

seventy-five; one member recommended by the common council of the city

of Syracuse and two members recommended by the legislature of the county

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

nineteen hundred seventy-six; and one member recommended by the common

council of the city of Syracuse and two members recommended by the

legislature of the county of Onondaga shall be appointed for terms

ending July thirty-first, nineteen hundred seventy-seven. The member (or

members) who is (or are) recommended by the other county legislatures or

board of supervisors shall be appointed for a term (or terms) of seven

years, but all terminating on the thirty-first day of July of the

seventh 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 seven years after the expiration of the term of his

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

disqualification, resignation or removal of a member, the successor

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

succeeding members recommended by the appropriate legislative bodies of

the city of Syracuse and the counties of Onondaga and Oneida on the

authority shall be appointed by the same procedure as the original

appointments. 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.

3. The members of the authority shall not receive a salary or other

compensation when rendering service as a member, but each member shall

be entitled to reimbursement of actual and necessary expenses incurred

in the performance of his or her official duties.

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

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

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

chairman, vice-chairman and secretary. 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 provision 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 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.