1328 - Central New York regional transportation authority.
§ 1328. Central New York regional transportation authority. 1. (a) There is hereby created the central New York regional transportation authority. The authority shall be a body corporate and politic constituting a public benefit corporation. It shall consist of not more than twelve members, including a chairman and shall have one non-voting member as described in paragraph (b) of this subdivision. The members shall be appointed by the governor by and with the advice and consent of the senate. The governor shall make initial appointments to the authority in such number and from lists submitted as follows: three members shall be appointed to the authority from a list of not less than six names, submitted to the governor by the common council of the city of Syracuse, five persons from a list of not less than ten names, submitted by the legislature of the county of Onondaga and two members shall be appointed from a list of not less than four names submitted by the legislature of the county of Oneida. Other counties electing to participate shall each submit to the governor a list of not less than two persons for each one hundred thousand or major fraction of the total population, as determined by the nineteen hundred seventy or any subsequent federal decennial or federal county-wide special census, of the counties outside the county of Onondaga which shall elect to participate, from which number the governor shall appoint one member for each one hundred thousand or major fraction of the total population, as determined by such federal decennial or federal county-wide special census, with a maximum of three members to represent such counties outside the county of Onondaga so electing to participate. (b) There shall also be one non-voting member of the authority, which shall not be considered in determining a quorum. The non-voting member shall be recommended to the governor by the labor organization representing the plurality of the employees within the authority. The non-voting member shall be appointed for a term of seven years, provided, however, that if at any time during the term of appointment the non-voting member ceases to be affiliated with the labor organization representing the plurality of employees within the authority, then such labor organization may at any time during such term recommend a new member to the governor who shall serve the remainder of the term. If the local bargaining unit decertifies its existing union affiliation and certifies a new union, the union which represents the plurality of the employees may recommend a new member to the governor who shall serve the remainder of the term. The chairman of the authority, at his or her discretion, may exclude such non-voting member from attending any portion of a meeting of the authority or of any committee held for the purpose of discussing negotiations with labor organizations, pending litigation involving the labor organization, or the investigation, evaluation, or discipline of an employee. 2. The members of the authority shall continue in office until their successors are appointed and shall have qualified. One member recommended by the common council of the city of Syracuse and one member recommended by the legislature of the county of Onondaga shall be appointed for terms ending July thirty-first, nineteen hundred seventy-five; one member recommended by the common council of the city of Syracuse and two members recommended by the legislature of the county of Onondaga shall be appointed for terms ending July thirty-first, nineteen hundred seventy-six; and one member recommended by the common council of the city of Syracuse and two members recommended by the legislature of the county of Onondaga shall be appointed for terms ending July thirty-first, nineteen hundred seventy-seven. The member (or members) who is (or are) recommended by the other county legislatures or board of supervisors shall be appointed for a term (or terms) of sevenyears, but all terminating on the thirty-first day of July of the seventh year. Thereafter, upon expiration of the term of a member of the authority a successor shall be appointed by the governor for a term expiring seven years after the expiration of the term of his predecessor. If a vacancy shall occur by reason of death, disqualification, resignation or removal of a member, the successor shall be appointed by the governor for the unexpired term. Persons succeeding members recommended by the appropriate legislative bodies of the city of Syracuse and the counties of Onondaga and Oneida on the authority shall be appointed by the same procedure as the original appointments. The same procedure shall be followed for the filling of vacancies of members appointed from other counties. Members of the authority shall, before entering upon the duties of their office, take the constitutional oath of office and file the same in the office of the secretary of state. 3. The members of the authority shall not receive a salary or other compensation when rendering service as a member, but each member shall be entitled to reimbursement of actual and necessary expenses incurred in the performance of his or her official duties. 4. A majority of the whole number of members of the authority shall constitute a quorum for the transaction of business or the exercise of any power of the authority. Except as otherwise specified in this act, 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 members present at any meeting at which a quorum is in attendance. 5. The authority shall organize by the selection from its members of a chairman, vice-chairman and secretary. It shall adopt such rules as it may deem necessary and proper for the government of its own proceedings, and shall keep a record of such proceedings. 6. The authority shall be a "state agency" for the purposes of sections seventy-three and seventy-four of the public officers law. 7. Notwithstanding any inconsistent provision of this or any other law, general, special or local, no officer or employee of the state, or of any public corporation as defined in the general corporation law, shall be deemed to have forfeited or shall forfeit his office or employment 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 of the authority; provided, however, a member or chairman who holds such other public office or employment shall be entitled to reimbursement for his actual and necessary expenses incurred in the performance of such services. 8. The governor may remove any member for inefficiency, neglect of duty or misconduct in office after giving him a copy of the charges against him 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, the governor shall file in the office of the department of state a complete statement of charges made against such member, and his findings thereon, together with a complete record of the proceedings. 9. The authority shall continue so long as it shall have bonds or other obligations outstanding and 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 state. 10. Each of the counties that elect to become participating members of the transportation district may do so by resolution adopted by a majority of the membership of its governing body and such election by a county shall take effect upon the filing of a duly certified copy ofsuch resolution with the authority and with the secretary of state, and the mailing of a certified copy thereof to the county clerk of each county which is granted the power of election under the provisions of this act.