NY Pub Auth L § 1299-DD (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 11-B - Rochester-Genesee Regional Transportation Authority 1299-DD - Rochester-Genesee Regional Transportation Authority.

§ 1299-dd. Rochester-Genesee regional transportation authority. 1. (a) There  is  hereby  created the Rochester-Genesee regional transportation authority.  The  authority  shall  be  a  body  corporate  and   politic constituting  a public benefit corporation. It shall consist of at least one member from each county that elects to  join  the  authority  except that  the  county of Monroe shall have seven members of whom three shall be appointed from the city of Rochester  and  four  at  large  from  the county  of  Monroe and shall have two non-voting members as described in paragraphs (b) and  (c)  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, all of whom must be residents of the city of  Rochester,  submitted  to  the governor  by  the  council of the city of Rochester; four persons from a list of not less than eight persons, all of whom must  be  residents  of the  county  of  Monroe  submitted  by  the legislature of the county of Monroe. 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 last federal decennial or federal county-wide special census.  From  the counties  outside the county of Monroe which shall elect to participate, the governor shall appoint one member for each one hundred  thousand  or major  fraction  of  the  total  population,  as  determined by the last federal decennial or federal county-wide special census, with a  minimum of  one  member to represent each county outside the county of Monroe so electing to participate. All members of the authority shall be residents of the area from which they are nominated.  (b) The first non-voting member of the  authority  who  shall  not  be considered in determining a quorum, shall be recommended to the governor by  the  labor  organization representing the plurality of the employees within the authority and shall be a resident  of  the  Rochester-Genesee regional  transportation district as described in section twelve hundred ninety-nine-cc of this title. Such  first  non-voting  member  shall  be appointed  for  a  term of five years, provided, however, that if at any time during the term of appointment such 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.  (c)  There  shall also be a second non-voting member of the authority, who shall  not  be  considered  in  determining  a  quorum.  The  second non-voting member shall be appointed by the governor as a representative of   the   transit  dependent  and/or  disabled  community.  The  second non-voting member shall be appointed for a term of five years. The chair 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 pursuant to the executive session provisions  of  the open meetings law.    2.  The  members of the authority shall continue in office until their successors are appointed and shall have qualified. One member  appointed from  the  city of Rochester and one member appointed from the county of Monroe shall be appointed for terms ending July  thirty-first,  nineteen hundred seventy-one; one member appointed from the city of Rochester and two  members  appointed from the county of Monroe shall be appointed for terms ending July thirty-first, nineteen hundred  seventy-two;  and  one member  appointed from the city and one member appointed from the county of Monroe  shall  be  appointed  for  terms  ending  July  thirty-first, nineteen  hundred seventy-three. The member (or members) who is (or are) appointed from the other counties shall be  appointed  for  a  term  (or terms)  of  five  years,  but all terminating on the thirty-first day of July of the fifth 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 five years after the expiration of the term  of  his predecessor.   If   a   vacancy  shall  occur  by  reason  of  a  death, disqualification, resignation or removal  of  a  member,  the  successor shall  be  appointed  by  the  governor  for the unexpired term. Persons succeeding members from the city of Rochester and the county  of  Monroe on  the  authority shall be appointed from the same area and by the same procedure as the original appointments. In the event  of  a  vacancy  as defined herein, the successor appointed by the governor for an unexpired term  shall  be from the same area. 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.  No  person  while  serving  in  any elective office shall be eligible to serve as a member of the authority. The members of the authority shall officially be designated and referred to as commissioners.   3.  The  members  of  the authority, including the chairman, shall not receive a salary or other  compensation  when  rendering  service  as  a member  of  the  authority  or  as  a  member  of  one of its subsidiary corporations, but shall be entitled  to  reimbursement  for  actual  and necessary expenses incurred in the performance of their official duties.   4. A majority of the whole number of votes 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 vote of the members present at any meeting at which a quorum is in attendance. Each member of the authority shall have one vote for each thirty-five thousand or major fraction thereof of the population of  the county  or city from which he is appointed based upon the results of the last federal decennial or federal county-wide special census divided  by the  total  number  of  members  appointed from such county or city. The minimum  number  of  votes  each  member  shall  have,   regardless   of population,  is  one.  The votes of all members shall be calculated with fractions being rounded to the nearest whole number. The population of a county for the purposes of this provision is  the  total  population  of such  county  less  the population of any city which is entitled to have members appointed on the authority.   5. The authority shall organize by the selection from its members of a chairman, vice chairman,  secretary  and  such  other  officers  as  the members  may  deem  necessary.  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 provisions 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  Rochester-Genesee  regional  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 of such 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.