NY Pub Auth L § 2350-C (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 16 - Suffolk County Judicial Facilities Agency 2350-C - Suffolk County Judicial Facilities Agency.

§  2350-c.  Suffolk  county  judicial  facilities  agency. 1. A public corporation, to be known as  the  "Suffolk  county  judicial  facilities agency"  is  hereby created for the public purposes and charged with the duties and having the powers provided in this title. The agency shall be a body corporate and politic constituting a public benefit  corporation, the  objects  of  which  in  the  judgment  of the legislature cannot be attained under general laws. The governing  body  of  the  agency  shall consist  of  a body totaling six members, all of whom shall be residents of the county, one of whom shall be appointed by the  presiding  officer of   the   county   legislature,  without  confirmation  by  the  county legislature, one of whom shall be appointed by the  minority  leader  of the  county legislature, without confirmation by the county legislature, two of whom shall be appointed by the county legislature but not subject to review or veto by the county executive  and  two  of  whom  shall  be appointed  by  the county executive but not subject to review or veto by the county legislature. The terms of the members of the  governing  body of  the  agency serving on the effective date of the chapter of the laws of two thousand thirteen that amended this section shall expire  on  the sixtieth  day  following  such effective date. On or before the sixtieth day, six members shall be appointed by the persons having the  authority to  make  such  appointments  under  this section. Former members of the governing body of the corporation may be reappointed in  the  discretion of  the  appointing  authority. The appointing authorities shall consult together in making their appointments in an effort to achieve  the  goal of  having at least one member of the board with a background in each of the following areas of experience: finance,  operation  of  correctional facilities,  operation  of  judicial  facilities, construction, and real estate. Each member so appointed shall serve for a term of three  years, provided,  however,  that  the members first appointed to the six member board by the presiding officer and the minority  leader  of  the  county legislature  shall be appointed for an initial term of two years and the members  first  appointed  to  the  six  member  board  by  the   county legislature  shall  be  appointed  for  an  initial  term of four years. Failure by any party to appoint any  member  shall  not  invalidate  the creation or establishment of the agency and shall result in the creation of  a vacancy in the governing body of the agency which may be filled at any time by such party. The clerk of the county legislature shall notify the county executive and, after the appointment of the initial  members, the agency, of each appointment setting forth (a) the name of the agency and  (b)  the  name  of  the  member  appointed and the member's term of office. All such members shall  continue  to  hold  office  until  their successors  are  appointed and qualify. Vacancies shall be filled in the manner provided for original appointment. Vacancies, occurring otherwise than by expiration of term of office, shall be filled by appointment for the unexpired terms.  Members  may  be  removed  from  office  by  their appointing  authority for inefficiency, neglect of duty or misconduct in office; provided, however, that such member shall be given a copy of the charges against him or her and an opportunity of being heard in  person, or by counsel, in his or her defense upon not less than ten days notice. Members  of the agency shall receive no compensation for their services, but may be reimbursed for their actual and necessary  expenses  incurred in connection with the carrying out of the purposes of this title.   2. (a) The powers of the agency shall be vested in and be exercised by the governing body at a meeting duly called and held where a quorum of a majority  of  the  entire voting strength of the members are present. No action shall be taken except pursuant to the favorable vote of at  least three favorable votes. The governing body may delegate to one or more of  its  members, officers, agents or employees such powers and duties as it may deem proper.  (b)  Notwithstanding  any  inconsistent  provisions  of  any  general, special or local law, ordinance,  resolution  or  charter,  no  officer, member  or employee of the state, the county, any other municipality, or any public benefit corporation, shall  forfeit  his  or  her  office  of employment  by  reason  of  his  or  her  acceptance of appointment as a member, officer, agent or employee of the agency, nor shall  service  as such  member,  officer,  agent  or employee be deemed incompatible or in conflict with such office, membership or employment.   3. (a)  The  county  executive  shall  file,  on  or  before  December thirty-first of the year in which this title shall have become a law, in the office of the secretary of state, a certificate signed by the county executive  setting  forth: (i) the name of the agency; (ii) the names of the members initially appointed, and their terms of  office;  and  (iii) the effective date of this title.  (b)  The  agency  shall  be  perpetual  in  duration and its corporate existence shall continue until terminated  by  law;  provided,  however, that  no  such  law  shall  take effect so long as the agency shall have bonds or other obligations outstanding  unless  adequate  provision  has been  made  for the payment or satisfaction thereof. Upon termination of the existence of the agency, all of the rights  and  properties  of  the agency then remaining shall pass to and vest in the county.   4. The officers of the agency shall consist of a chair, who shall be a member  of  the  agency,  and a vice-chair and a treasurer, who shall be members of the agency, and a secretary, who need not be a member of  the agency. Such officers shall be appointed by the governing body and shall serve  in  such  capacities  at  the pleasure of the governing body. The agency may require the treasurer to execute a bond, conditioned upon the faithful performance of the duties of his or her office, the amount  and sufficiency  of  which  shall  be approved by the governing body and the premium therefor shall be paid by the agency.   5. It is hereby determined and  declared,  that  the  agency  and  the carrying  out  of  its  powers  and  duties  are in all respects for the benefit of the people of the state for the improvement of their  health, welfare  and  prosperity  and that such purposes are public purposes and that the agency is and will  be  performing  an  essential  governmental function in the exercise of the powers conferred upon it by this title.