N.Y. Public Authorities Law § 2608: New York state olympic regional development authority

§ 2608. New York state olympic regional development authority. 1. For

the purposes of effectuating the policy declared in section twenty-six

hundred six of this title, there is hereby created the "New York state

olympic regional development authority", referred to in this title as

"the authority", which shall be a body corporate and politic

constituting a public benefit corporation. The authority shall consist

of twelve members who shall be the commissioner of environmental

conservation, the commissioner of economic development, the commissioner

of parks, recreation and historic preservation and nine persons to be

appointed by the governor, by and with the advice and consent of the

senate. Of the nine persons appointed by the governor, by and with the

advice and consent of the senate, one each shall be appointed upon the

recommendation of the temporary president of the senate and the speaker

of the assembly. Three of the persons appointed by the governor, by and

with the advice and consent of the senate shall be appointed upon the

recommendation of the town board of the town of North Elba and shall be

residents of the park district. Two persons shall be appointed by the

governor, by and with the advice and consent of the senate, one of whom

shall reside in Ulster county and the other of whom shall reside in

Delaware county. One of the persons appointed by the governor, by and

with the advice and consent of the senate, shall be a resident of Warren

county. The governor shall appoint a chairperson, a vice-chairperson and

a second vice-chairperson from among any of the members of the authority

and such chairperson, vice-chairperson and second vice-chairperson shall

serve at the pleasure of the governor, provided, however, that the

vice-chairperson shall be appointed on the recommendation of the town

board of North Elba; and the second vice-chairperson shall be appointed

upon the recommendation of the town boards of the town of Shandaken in

Ulster county and the town of Middletown in Delaware county; and must be

a resident of Ulster or Delaware counties; with a majority vote of the

combined two town boards determining who shall be recommended to the

governor for appointment of that position. From among any candidates

recommended by the chairman, the members shall appoint a president/chief

executive officer of the authority.

The members first appointed by the governor shall be appointed within

thirty days of the effective date of this title. The members appointed

as a result of the enactment of the chapter of the laws of two thousand

twelve which amended this section, consisting of the eleventh and

twelfth board members, shall be appointed within ninety days of the

effective date of such chapter. The first members appointed by the

governor upon the recommendation of the temporary president of the

senate and the speaker of the assembly shall serve terms of three years

respectively from January first next succeeding their appointment. The

remaining four members first appointed by the governor shall serve terms

of one, two, four and five years respectively from January first next

succeeding their appointment. The fifth member appointed by the governor

shall serve a term of two years from January first, next succeeding his

or her appointment. Each appointment of a member following the

expiration of the original terms of the appointment shall be for a term

of five years. The members appointed by the governor who are required to

reside in either Delaware or Ulster counties shall be appointed for

terms of four years. Members shall continue to hold office until their

successors have been appointed and qualified. In the event of a vacancy

occurring during the term of a member's appointment, by reason of death,

resignation, disqualification or otherwise, such vacancy shall be filled

for the unexpired term in the same manner as the original appointment.

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

compensation for their services as members of the authority but each

member shall be allowed reimbursement for the necessary and actual

expenses which he or she shall incur in the performance of his or her

duties under this title.

3. The president/chief executive officer shall serve at the pleasure

of the members and shall be responsible for the discharge of the

executive and administrative functions and exercise of any power or

function of the authority.

4. Seven 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,

officers, agents and employees, such powers and duties as it may deem

proper. The commissioner of environmental conservation, the commissioner

of economic development, the commissioner of parks and recreation and

any other member of the authority who is a full time employee of the

state or who holds public office may designate one person from his

department or from the public corporation in which he holds a public

office 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 filed with the chairman of the

authority by the member making the designation and shall be for a term

of one year or until such representative shall resign or shall no longer

be employed by the department of which such member making the

designation is an employee or by the public corporation of which such

member making the designation holds a public office or until revoked by

the person making such 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.

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

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

6. Notwithstanding any inconsistent provisions of this or any other

law, general, special or local, no officer or employee of the state, as

defined in the public officers law, or of the park district shall be

deemed to have forfeited or shall forfeit his office of 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 of employment shall receive no

additional compensation 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.

7. The governor may remove any member of the authority for cause,

other than the commissioner of environmental conservation, the

commissioner of economic development and the commissioner of parks and

recreation, 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.

8. The principal office of the authority shall be located in the town

of North Elba and the authority shall establish a second office at the

Belleayre Mountain ski center.

9. Nothing shall preclude the use of meetings and votes by video

conference or other conferencing which permits conferees to see the

other members during board meetings through television or the internet.