N.Y. Public Authorities Law § 50: New York state public authorities control board; creation; procedure

§ 50. New York state public authorities control board; creation;

procedure. 1. The New York state public authorities control board is

hereby created to have and exercise the powers, duties and prerogatives

provided by the provisions of this chapter and any other provision of

law.

2. The membership of the board shall consist of five persons appointed

by the governor, of which one shall be upon the recommendation of the

temporary president of the senate, one upon the recommendation of the

speaker of the assembly, one upon the recommendation of the minority

leader of the senate and one upon the recommendation of the minority

leader of the assembly. The members appointed by the governor upon the

recommendation of the minority leader of the senate and the minority

leader of the assembly shall be non-voting members whose comments shall

be entered upon any official record of board proceedings in the same

manner as voting members' comments, unless objection is raised by any of

the voting members in which case, notwithstanding any provision of law

to the contrary, such comments by non-voting members shall not be so

entered. The term of the members first appointed shall continue until

January thirty-first, nineteen hundred seventy-seven, except that the

term of the members first appointed upon the recommendations of the

minority leader of the senate and the minority leader of the assembly

shall continue until January thirty-first, nineteen hundred eighty-four,

and thereafter their successors shall serve for a term of one year

ending on January thirty-first in each year. Upon recommendation of the

nominating party, the governor may replace any member in accordance with

the provision contained herein for the appointment of members. The

governor shall designate one of the members to serve as chairman. The

board shall act by unanimous vote of the voting members of the board.

Any determination of the board shall be evidenced by a certification

thereof executed by all the voting members. Each member of the board

shall be entitled to designate a representative to attend meetings of

the board in his place, and to vote or otherwise act on his behalf in

his absence. Notice of such designation shall be furnished in writing to

the board by the designating member. A representative shall serve at the

pleasure of the designating member during the member's term of office. A

representative shall not be authorized to delegate any of his duties or

functions to any other person.

3. Notwithstanding any inconsistent provisions of law, general,

special or local, no officer or employee of the state, of any political

subdivision of the state, of any governmental entity operating any

public school or college or of any other public agency or

instrumentality or unit of government which exercises governmental

powers under the laws of the state, shall forfeit such office or

employment by reason of acceptance or appointment as a member,

representative, officer, employee or agent of the board nor shall

service as such member, representative, officer, employee or agent of

the board be deemed incompatible or in conflict with such office or

employment. The members, their representatives, officers and staff to

the board shall be deemed employees within the meaning of section

seventeen of the public officers law.

4. The members of the board shall serve without salary or per diem

allowance but shall be entitled to reimbursement for actual and

necessary expenses incurred in the performance of official duties

pursuant to this section or other provision of law, provided however

that such members and representatives are not, at the time such expenses

are incurred, public employees otherwise entitled to such reimbursement.