N.Y. Public Authorities Law § 1973: Battery park city authority

§ 1973. Battery park city authority. (1) There is hereby created the

battery park city authority which shall be a body corporate and politic,

constituting a public benefit corporation. Its membership shall consist

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

consent of the senate. One of the members first appointed shall serve

for a term ending four years from January first next succeeding his

appointment; one of such members shall serve for a term ending five

years from such date; and one of such members shall serve for a term

ending six years from such date. Provided, however, that two board

members first appointed on or after the effective date of chapter seven

hundred sixty-six of the laws of two thousand five shall serve an

initial term of two years; provided further that two other board members

first appointed on or after the effective date of chapter seven hundred

sixty-six of the laws of two thousand five shall serve an initial term

of four years. Their successors shall serve for terms of six years each.

Members shall continue in office until their successors have been

appointed and qualified and the provisions of section thirty-nine of the

public officers law shall apply. 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. After the effective date of

the chapter of the laws of two thousand seventeen that amended this

subdivision, if the membership of the corporation is such that less than

two of the members are residents of Battery Park city as described by

the Battery Park project area defined by subdivision five of section

nineteen hundred seventy-two of this title, any appointments made shall

be residents of Battery Park city. Appointments shall continue in such a

manner until two of the members of the corporation are residents of

Battery Park city. Thereafter, two of the corporation's members shall be

residents of Battery Park city.

(1-a) All board members shall recuse themselves from matters pending

before the board in the event of a conflict of interest, consistent with

the provisions of subdivision three of this section and subdivision two

of section twenty-eight hundred twenty-five of this chapter, sections

seventy-three and seventy-four of the public officers law, and relevant

authorities budget office guidance.

(1-b) All board members appointed under the provisions of this section

shall have relevant real estate, corporate board, financial, legal,

urban planning and/or design, architectural, governmental or security

experience.

(2) The members shall elect the chairman of the authority from among

their number. The members 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. Anything to the contrary contained herein

notwithstanding, any member who serves as an employee of the authority

shall be entitled to receive such salary as the members may determine

for services as such employee.

(3) Such members other than those serving as employees of the

authority may engage in private employment, or in a profession or

business. The authority, its members, officers and employees shall be

subject to the provisions of sections seventy-three and seventy-four of

the public officers law.

(4) Notwithstanding any inconsistent provision of law, general,

special or local, no officer 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.

(5) 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 the charges made against

such member and his findings thereon, together with a complete record of

the proceedings.

(6) The authority in its corporate existence shall continue until

terminated by law, provided, however, that no such law shall take effect

so long as the authority shall have bonds, notes and other obligations

outstanding, unless adequate provision has been made for the payment

thereof in the documents securing the same. Upon termination of the

existence of the authority, all its rights and properties shall vest in

the state.

(7) A majority of the 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. The authority may delegate to one or more

of its members, or to its officers, agents or employees, such powers and

duties as it may deem proper.