N.Y. Public Authorities Law § 2653: Schenectady metroplex development authority

§ 2653. Schenectady metroplex development authority. 1. The

Schenectady metroplex development authority is hereby created. Such

authority shall be a body corporate and politic constituting a public

benefit corporation. The governing body of the authority shall be a

board. The authority shall consist of eleven members who are residents

of Schenectady county, appointed by a majority vote of the county

legislature. Nominations for appointment by the county legislature shall

be submitted as follows: one upon the recommendation of the mayor of the

city of Schenectady, one upon the recommendation of the city council;

one upon the recommendation of the supervisor of the town of Niskayuna,

one upon the recommendation of the supervisor of the town of Glenville,

one upon the joint recommendation of the supervisors of the towns of

Princetown and Duanesburg, one upon the recommendation of the supervisor

of the town of Rotterdam, one upon the recommendation of the minority

leader of the county legislature, two upon the recommendation of the

chairman of the county legislature and two by the joint recommendation

of the county legislature. The members appointed upon the recommendation

of the chair of the county legislature, the minority leader of the

county legislature and the joint recommendation of the county

legislature shall serve for a term of five years each, and the members

appointed by the county legislature upon the recommendation of the city

or town officers shall serve for a term of four years each,

respectively, with each term commencing from the first day of January

next succeeding their appointment. Each member unless removed for good

cause by a two-thirds vote of the county legislature shall hold office

until a successor has been appointed and qualified.

2. No person holding an elected or management/confidential-exempt

position in any county government may be appointed to the authority

except for the Schenectady county commissioner of economic development

and planning. No member of the state legislature may be appointed to the

authority. No person holding, or who has held within the previous four

years, the position of chairperson of a village, town, city or county

political party as defined by article two of the election law shall be

appointed to the authority.

3. A member of the board shall be designated as chairman by a majority

vote of all the members of the county legislature and shall be chairman

of such board until his or her term as member expires. A member of the

board shall also be so designated as vice-chairman of the board until

his or her term as member expires. The chairman shall be the chief

executive officer of the authority and shall be primarily responsible

for the discharge of the administrative functions of the authority. The

chairman may appoint an executive director of the authority, upon advice

and consent of the board, to which such administrative functions may be

delegated. The executive director shall be deemed an employee of the

authority, and as such be an exempt management confidential employee,

who is a public officer and entitled to an annual salary as established

by the authority board.

4. The power of such corporation shall be vested in and exercised by

the board. Such board may delegate to one or more of its members or its

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

proper.

5. Such board and its corporate existence shall continue until its

existence shall 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 county of Schenectady.

6. Six members of the board shall constitute a quorum for the

transaction of business. A majority of the members of the board present

at any meeting at which a quorum shall be present, shall be sufficient

to pass any resolution, except as otherwise specified in this title. All

propositions requiring the expenditure of money or affecting contract

rights or property, shall be presented to the board in writing. No

resolution containing such a proposition shall pass unless it receives

approval of at least six board members in office.

7. The board shall hold at least one regular meeting every month. The

chairman, or in his absence the vice-chairman, or any five members, may

call a special meeting by notice as specified by the board. All meetings

of the board shall be subject to article seven of the public officers

law.

8. Members of the board shall be entitled to no compensation for their

services, but shall be entitled to reimbursement for their actual and

necessary expenses incurred in the performance of their official duties.

9. Notwithstanding any inconsistent provision of any general, special

or local law, no officer or employee of the state, or of any

municipality, as defined in the public officers law, the county law or

the town law, shall be deemed to have forfeited or shall forfeit his

public office 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 or vice-chairmanship of the authority;

provided, however, a member or chairman who holds such other public

office shall receive no additional compensation for services rendered

pursuant to this title, but shall be entitled to reimbursement for

actual and necessary expenses incurred in the performance of such

services.

10. The principal office of the authority shall be located in the

county of Schenectady.

11. The comptroller may conduct periodic audits of the authority and

report the results of such audits to the governor, the chairman of the

senate finance committee, and the chairman of the assembly ways and

means committee.

12. Subject to the provisions of this title, members of the authority

may engage in private employment, or in a profession or business.