N.Y. Public Authorities Law § 2703: Development authority of the north county

§ 2703. Development authority of the north county. 1. A corporation

known as the development authority of the north country 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. Its

membership shall consist of a board of thirteen members chosen as

follows: five non-voting members appointed by the governor, one of whom

shall be upon the recommendation of the temporary president of the

senate, and one of whom shall be upon the recommendation of the speaker

of the assembly; two members, who shall be residents of the county of

Jefferson, shall be appointed by the board of supervisors of such

county; two members, who shall be residents of the county of Lewis,

shall be appointed by the county legislature of such county; two members

who shall be residents of the county of St. Lawrence, shall be appointed

by the county legislature of such county; and two members, who shall be

residents of the city of Watertown, shall be appointed by the common

council of the city of Watertown. The local governing bodies of each of

the participating counties and the city of Watertown shall adopt

resolutions providing for the appointments of such members and shall

transmit copies of such resolutions to the governor, the temporary

president of the senate and the speaker of the assembly before such

members take office. The first members of the authority shall be

appointed for the following terms from the effective date of their

appointment: one member to be appointed by the county legislatures of

each of the counties of Lewis and St. Lawrence, the two members

appointed by the governor upon the recommendation of the temporary

president of the senate and the speaker of the assembly and one member

to be appointed by the common council of the city of Watertown for a

term of four years; one member to be appointed by the board of

supervisors or county legislature of each of the counties of Lewis,

Jefferson and St. Lawrence, and three members appointed by the governor

for a term of two years; one member to be appointed by the board of

supervisors of the county of Jefferson and one member to be appointed by

the common council of the city of Watertown for a term of two years. The

voting members of the authority shall choose from their number a

chairman by majority vote of such members then in office. Each member

shall continue in office until such member's successor has been

appointed and qualifies. Each appointment following the expiration of

the original terms of appointment shall be for a term of four years. In

the event of a vacancy occurring in the office of any member, other than

by the expiration of a member's term, such vacancy shall be filled for

the balance of the unexpired term, if applicable, in the same manner as

the original appointment.

2. The powers of the authority shall be vested in the voting members

thereof in office from time to time and a majority of voting members and

a majority of non-voting members shall constitute a quorum at any

meeting of the authority. In cases of a tie vote, the chairman shall

cast an additional vote. No vacancy in the membership of the authority

shall impair the right of such members to exercise all the rights and

perform all the duties of the authority. Any action taken by the

authority under the provisions of this title may be authorized at a

meeting of the authority by resolution approved by a majority of the

total number of voting members then in office, which resolution shall

take effect immediately, or, unless inconsistent with the provisions of

article seven of the public officers law, any action may be taken by a

resolution circulated or sent to each member of the authority, which

shall take effect at such time as all of the voting members then in

office shall have signed an assent to such resolution and such assents

are filed with the minutes of the proceedings. Any non-voting member who

serves as an officer or employee of the state, or any political

subdivision thereof, shall be entitled to designate a representative to

attend, in his or her place, meetings of the board and to act in his or

her behalf. Written notice of such designation shall be furnished to the

board by the designating member prior to any meeting attended by his

representative. Any representative shall serve at the pleasure of the

designating member. No representative shall be authorized to delegate

any of his duties or functions to any other person. The authority may

delegate by resolution to one or more of its members, officers, agents

and employees such powers and duties as the voting members may deem

proper.

3. The members of the authority shall serve without salary or other

compensation but each member shall be entitled to reimbursement for

actual and necessary expenses incurred by such member in the performance

of the official duties as a member.

4. Subject to the provisions of this subdivision, members of the

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

business. The members, officers and employees of the authority shall be

deemed to be state officers or employees and the authority shall be

deemed to be a state agency solely for the purposes of sections

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

sections are hereby made applicable to the authority and its members,

officers and employees.

5. Notwithstanding any inconsistent provisions of this or any other

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

of any political subdivision thereof, shall be deemed to have forfeited

or shall forfeit any public office or employment by reason of such

person's acceptance of a membership on the authority; provided, however,

a member who holds such other public office or employment shall receive

no additional compensation or allowance for services rendered pursuant

to this title, but shall be entitled to reimbursement for the actual and

necessary expenses incurred in the performance of such services.

6. A member may be removed from office by the board for inefficiency,

neglect of duty, conflict of interest or misconduct in office after the

authority has given such member a copy of the charges against him or her

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,

there shall be filed with the chairman of the authority a complete

statement of the charges made against such member and the finding of

such board thereon, together with a complete record of the proceeding.

7. The authority and 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 or other obligations

outstanding, unless adequate provision has been made for the payment

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

rights and properties of the authority then remaining shall pass to and

be vested in the counties in accordance with such law.