N.Y. Public Authorities Law § 3853: Administration of the authority

§ 3853. Administration of the authority. 1. The authority shall be

administered by nine directors, seven of which shall be appointed by the

governor. Of the seven directors, one such director shall be a resident

of the city of Buffalo; one such director shall be appointed following

the recommendation of the state comptroller; and one such director shall

be appointed on the joint recommendation of the temporary president of

the senate and the speaker of the assembly. The mayor and the county

executive shall serve as ex officio members. Every director, who is

otherwise an elected official of the city or county, shall be entitled

to designate a single representative to attend, in his or her place,

meetings of the authority and to vote or otherwise act in his or her

behalf. Such designees shall be residents of the city of Buffalo.

Written notice of such designation shall be furnished prior to any

participation by the single designee. Such single designee shall serve

at the pleasure of the representative, and shall not be authorized to

delegate any of his or her duties or functions to another person. Each

director appointed by the governor shall be appointed for a term of four

years, provided however, that four of the directors first appointed by

the governor, including the director appointed following the

recommendation of the state comptroller shall serve for a term ending

June thirtieth, two thousand seven, and the remaining three directors

first appointed by the governor including the director appointed on the

joint recommendation of the temporary president of the senate and the

speaker of the assembly and shall serve for a term ending June

thirtieth, two thousand nine. Each director shall hold office until his

or her successor has been appointed and qualified. Thereafter, each

director shall serve a term of four years, except that any director

appointed to fill a vacancy shall serve only until the expiration of his

or her predecessor's term.

2. The governor shall designate a chairperson and a vice-chairperson

from among the directors. The chairperson shall preside over all

meetings of the directors and shall have such other duties as the

directors may prescribe. The vice-chairperson shall preside over all

meetings of the directors in the absence of the chairperson and shall

have such other duties as the directors may prescribe.

3. The directors of the authority shall serve without salary, but each

director shall be reimbursed for actual and necessary expenses incurred

in the performance of such director's official duties as a director of

the authority.

4. Notwithstanding any inconsistent provision of any general, special

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

employee of the state, any city, county, town or village, any

governmental entity operating any public school or college, any school

district or any other public agency or instrumentality which exercises

governmental powers under the laws of the state, shall forfeit his or

her office or employment by reason of his or her acceptance of

appointment as a director, officer or employee of the authority, nor

shall service as such director, officer or employee of the authority be

deemed incompatible or in conflict with such office or employment.

5. Five directors shall constitute a quorum for the transaction of any

business or the exercise of any power of the authority. No action shall

be taken by the authority except pursuant to a favorable vote of at

least five directors participating in a meeting at which such action is

taken.

6. The authority shall appoint a treasurer and may appoint officers

and agents as it may require and prescribe their duties.

7. At least annually, commencing no more than one year after the date

on which authority bonds, notes or other obligations are first issued,

the authority shall report to the council, comptroller, the director of

the budget, and the state comptroller on the amount of financing and the

cost savings for the city over the past year.

8. The authority shall cease to exist on June thirtieth, two thousand

thirty-seven.