N.Y. Public Authorities Law § 2642-c: Chautauqua, Cattaraugus, Allegany and Steuben southern tier extension railroad authority

§ 2642-c. Chautauqua, Cattaraugus, Allegany and Steuben southern tier

extension railroad authority. 1. There is hereby created the

"Chautauqua, Cattaraugus, Allegany and Steuben southern tier extension

railroad authority" which shall be a body corporate and politic

constituting a public benefit corporation.

2. The authority shall continue for thirty years from the effective

date of this title, or so long as it shall have bonds or other

obligations outstanding or until its existence shall otherwise 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 participating counties pursuant to any agreements among the

participating counties and the authority.

3. The authority shall adopt by-laws governing its operation and keep

a record of its resolutions, transactions, findings and determinations,

which record shall be a public record.

4. The authority shall consist of the following fourteen members:

(a) The county legislative bodies of Chautauqua, Cattaraugus, Allegany

and Steuben counties each shall appoint three voting members of the

authority who shall be residents of such county, upon the recommendation

of the chief executive (county executive or chair of the county

legislative body) of each such county; and

(b) The southern tier west regional planning and development board,

upon the recommendation of the chairperson of such board, shall appoint

one member of the authority, who shall be a resident of one of the

counties of Chautauqua, Cattaraugus, Allegany or Steuben.

(c) The Seneca Nation of Indians may appoint a member of such Nation

to serve in an advisory non-voting capacity.

5. The term of office of members of the authority shall be three

years. Four of the initial members of the authority shall serve a one

year term, four shall serve a two year term and six, including the

members appointed by the southern tier west regional planning and

development board, and the Seneca Nation of Indians shall serve a three

year term, provided that at the inception of the authority, each county

shall appoint one member to hold office for three years, one for two

years and one for one year.

6. All members shall continue to hold office until their successors

are appointed and qualified. The resignation of any member shall be

filed with the appointing authority and shall be effective when so

filed. Vacancies occurring otherwise than by expiration of term of

office shall be filled for the unexpired term in the same manner as

provided for the original appointment.

7. The chairperson, vice-chairperson, secretary, and other necessary

officers shall be named by a majority vote of all the voting members to

serve for such period as the members shall decide. The chairperson shall

preside over the meetings of the authority and shall appoint members of

the authority to committees established by the authority to assist the

authority in carrying out its duties.

8. Any member of the authority may be removed by resolution of the

entity which appointed such member either for cause or for

non-compliance with minimum requirements relating to meeting attendance

and other criteria as may be established by resolution of such entity.

9. No person shall be precluded from serving as a member of the

authority as appointed by a county legislative body, the southern tier

west regional planning and development board or the Seneca Nation of

Indians pursuant to this section because such member is an elected or

appointed official of a municipality, except that no member of the

authority shall vote on any matter before the authority which has been

the subject of a proposal, application or vote before the municipality

where he or she serves in such elected or appointed capacity.

10. The members of the authority shall receive no salary or

compensation for their services, but may be reimbursed for authorized,

actual and necessary travel and expenditures.

11. A majority of the whole number of voting members of the authority

then in office shall constitute a quorum for the transaction of any

business or the exercise of any power of the authority. Notwithstanding

any provision of statute or law to the contrary and except as otherwise

specified in this title, 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 whole number of voting members of the

authority.

12. The authority shall be deemed a state agency for purposes of

section seventy-four of the public officers law, provided, however, that

no non-voting member of the authority shall be deemed an officer or

employee of a state agency.