N.Y. Public Authorities Law § 2052-c: Oneida county sports facility authority

§ 2052-c. Oneida county sports facility authority. 1. A public

corporation, to be known as the "Oneida county sports facility

authority" is hereby created for the public purposes and charged with

the duties and having the powers provided in this title. The authority

shall be a body corporate and politic constituting a public benefit

corporation, the objects of which in the judgment of the legislature

cannot be attained under general laws. The board of the authority shall

consist of a total of seven members, three of whom shall be appointed by

the county executive, without confirmation of the county board of

legislators, and four of whom shall be appointed by the county board of

legislators, without county executive right to veto. The first members

appointed by the county executive shall be appointed for the following

terms of office: one for a term ending on December thirty-first of the

first year following the year in which this title shall have become law,

one for a term ending on December thirty-first of the third year

following the year in which this title shall have become law and one for

a term ending on December thirty-first of the fifth year following the

year in which this title shall have become law. The first members

appointed by the county board of legislators shall have the following

terms of office: one for a term ending on December thirty-first of the

first year following the year in which this title shall have become law,

one for a term ending on December thirty-first of the third year

following the year in which this title shall have become law, and two

for a term ending on December thirty-first of the fifth year following

the year in which this title shall have become law. Subsequent

appointments of members shall be made for a term of five years ending in

each case on December thirty-first of the last year of such term. All

members shall continue to hold office until their successors are

appointed and qualify. Vacancies shall be filled in the manner provided

for original appointment. Vacancies, occurring otherwise than by

expiration of term of office, shall be filled by appointment for the

unexpired terms. Members may be removed from office for the same reasons

and in the same manner as may be provided by law for the removal of

officers of the county. The members of the authority shall receive no

compensation for their services, but shall be reimbursed for their

actual and necessary expenses incurred in connection with the carrying

out of the purposes of this title. The powers of the authority shall be

vested in and be exercised by the board at a meeting duly called and

held where a quorum of four members are present. No action shall be

taken except pursuant to the favorable vote of at least four voting

members. The board may delegate to one or more of its members, officers,

agents or employees such powers and duties as it may deem proper.

2. The officers of the authority shall consist of a chairman, who

shall be a member of the authority, and a vice-chairman and a treasurer,

who shall be members of the authority, and a secretary, who need not be

a member of the authority. Such officers shall be appointed by the board

and shall serve in such capacities at the pleasure of the board. In

addition to the secretary, the board may appoint and at pleasure remove

such additional officers and employees as it may determine necessary for

the performance of the powers and duties of the authority and fix and

determine their qualifications, duties and compensation, subject to the

provisions of the civil service law. The appointment and promotion of

all employees of the authority shall be made in accordance with the

provisions of the civil service law and county civil service rules, and

such employees shall be entitled to membership in the county pension and

retirement system, and shall be entitled to the same rights and

obligations thereunder as the employees of the county. The board may

also from time to time contract for expert professional services, and

may retain or employ counsel, auditors, engineers and private

consultants on a contract basis or otherwise for rendering professional

or technical services and advice. The treasurer shall execute a bond,

conditioned upon the faithful performance of the duties of his or her

office, the amount and sufficiency of which shall be approved by the

board and the premium therefor which shall be paid by the authority.

3. Notwithstanding any inconsistent provision of any general, special

or local law, ordinance, resolution or charter, no officer, member or

employee of the state, any municipality or any public benefit

corporation shall forfeit his or her office or employment by reason of

his or her acceptance of appointment as a member, officer, agent or

employee of the authority, nor shall service as such member, officer,

agent or employee be deemed incompatible or in conflict with such

office, membership or employment and any such officer, member or

employee may accept such appointment and serve as a member, officer,

agent or employee of the authority without forfeiture of any other

office or position of public employment by reason thereof.

4. (a) The county executive shall file on or before December

thirty-first of the year in which this title shall have become a law, in

the office of the secretary of state, a certificate signed by the county

executive setting forth: (1) the name of the authority; (2) the names of

the members initially appointed and their terms of office; and (3) the

effective date of this title. The authority shall be perpetual in

duration, except that if such certificate is not filed with the

secretary of state on or before such date, then the corporate existence

of the authority shall thereupon terminate and it shall thereupon be

deemed to be and shall be dissolved.

(b) Except as provided in paragraph (a) of this subdivision, the

authority and its corporate existence shall continue until terminated by

law. Upon termination of the existence of the authority, all of the

rights and each project of the authority then remaining shall pass to

and vest in the county.

5. It is hereby determined and declared, that the authority and the

carrying out of its powers and duties are in all respects for the

benefit of the people of the county and the state for the improvement of

their health, welfare and prosperity and that such purposes are public

purposes and that the authority is and will be performing an essential

governmental function in the exercise of the powers conferred upon it by

this title.