N.Y. Public Authorities Law § 1802: New York job development authority

§ 1802. New York job development authority. 1. There is hereby created

the "New York job development authority." The authority shall be a body

corporate and politic constituting a public benefit corporation. Its

members shall consist of the commissioner of economic development, the

commissioner of labor, the commissioner of agriculture and markets, and

the superintendent of financial services, serving ex officio, and seven

members to be appointed by the governor with the advice and consent of

the senate. Each member appointed by the governor shall be a citizen of

the United States and a resident of the state.

1-a. The commissioner of economic development, the commissioner of

labor, the commissioner of agriculture and markets, and the

superintendent of financial services each may designate a person from

his department to represent him at all meetings of the authority from

which such member may be absent. Any representative so designated shall

have the power to attend and to vote at any meeting of the authority

from which the member so designating him is absent, with the same force

and effect as if the member designating him were present and voting.

Such designation shall be by written notice to the chairman by the

member making the designation. Such designation shall not limit the

power of the member making the designation to attend and vote in person

at any meeting of the authority.

2. Members shall continue in office until the expiration of their

terms and until their successors have been appointed and confirmed.

Persons appointed for full terms as their successors shall serve for

four years each commencing as of January first. In the event of a

vacancy occurring in the office of a member by death, resignation or

otherwise, the governor shall appoint a successor with the advice and

consent of the senate to serve for the balance of the unexpired term.

3. The members of the authority shall serve without salary or other

compensation, but each member shall be entitled to reimbursement for

actual and necessary expenses incurred in the performance of his or her

official duties.

4. The members of the authority may engage in private employment, or

in a profession or business, subject to the limitations contained in

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

authority shall, for the purposes of such sections, be a "state agency",

and such members shall be "officers" of the agency for the purposes of

said sections. In addition, the authority may adopt such standards and

procedures as it considers necessary to ensure compliance with the

provisions of sections seventy-three and seventy-four of the public

officers law.

5. Notwithstanding any inconsistent provisions of law, general,

special or local, no officer or employee of the state, or of any civil

division thereof, shall be deemed to have forfeited or shall forfeit his

office or employment by reason of his acceptance of membership on the

authority created by this section, provided, however, that a member who

holds such other public office or employment shall receive no additional

compensation or allowance for services rendered pursuant to this title,

but shall be entitled to reimbursement for his actual and necessary

expenses incurred in the performance of such services.

6. 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 such member

shall be 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.

7. The commissioner of economic development shall be the chairman of

the authority and shall preside over all meetings of the authority and

shall have such other duties as the authority may direct. A

vice-chairman may be elected by the authority from among its other

members for one or more terms of one year each. The vice-chairman shall

preside over all meetings of the authority in the absence of the

commissioner of economic development and shall have such other duties as

the authority may direct.

8. Six members of the authority shall constitute a quorum for the

transaction of any business or the exercise of any power or function of

the authority. Resolutions authorizing the issuance of bonds or notes of

the authority and resolutions authorizing the granting of mortgage loans

shall be approved by not less than six members of the authority at a

meeting duly called for such purpose, but for the transaction of any

other business or the performance of any other power or function of the

authority, the authority may act by a majority of the members present at

any meeting at which a quorum is in attendance.

8-a. Determination on mortgage loan applications. The chairman of the

authority shall convene meetings for the transaction of business or the

exercise of any power or function of the authority at regular intervals,

and whenever prudent and practical, the authority shall render a

determination on an application for a mortgage loan and notify the

applicant of the determination within four weeks of the receipt of such

completed application. In the event that a determination cannot be

reached within the four week period, the authority shall submit to the

applicant a statement of the reasons for such delay upon or prior to the

expiration of such four week period.

9. The authority may appoint such persons to serve as officers of the

authority as it may deem advisable, including a president and a counsel,

and such employees as it deems advisable, and may prescribe their duties

and fix their compensation, subject to the civil service law and the

rules and regulations of the civil service commission of the state.

10. The authority may appoint one or more advisory committees

consisting of not more than seven members each to consider and advise

the authority upon all matters submitted to them by the authority and to

recommend to the authority such changes in the administration of this

title and the operations of the authority as the advisory committee may

deem desirable. Members of advisory committees shall serve without

salary for such terms, not to exceed four years, as the authority may

determine. Each member of an advisory committee shall be entitled to

reimbursement for his actual and necessary travel expenses incurred in

the performance of his duties.