NY Pub Auth L § 1303 (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 11-C - Capital District Transportation Authority 1303 - Capital District Transportation Authority.

§  1303.  Capital  District  transportation authority. 1. (a) There is hereby  created  the  Capital  District  transportation  authority.  The authority  shall  be  a body corporate and politic constituting a public benefit corporation. It shall consist of not less than  eight  nor  more than fifteen 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  six  names, all  of  whom  shall be residents of the county of Albany, four of which names shall be submitted to the governor by the majority  party  of  the legislature  of  the  county  of  Albany and two of which names shall be submitted by the minority party of such legislature; two  members  shall be  appointed  to  the  authority from a list of four names, all of whom shall be residents of the county of Schenectady, three  of  which  names shall  be  submitted  to  the  governor  by  the  majority  party of the legislature of the county of Schenectady and one of which names shall be submitted by the minority party of such legislature; two  members  shall be  appointed  to  the  authority from a list of four names, all of whom shall be residents of the county of Rensselaer,  three  of  which  names shall  be  submitted  to  the  governor  by  the  majority  party of the legislature of the county of Rensselaer and one of which names shall  be submitted  by  the minority party of such legislature; two members shall be appointed to the authority from a list of four  names,  all  of  whom shall be residents of the county of Saratoga, three of which names shall be submitted to the governor by the majority party of the legislature of the  county of Saratoga and one of which names shall be submitted by the minority  party  of  such  legislature.  Other  counties   electing   to participate shall each submit to the governor a list of two persons each of  whom shall be a resident of such county, one of which names shall be submitted to the governor by the majority party of  the  legislature  of such  county  and  one of which names shall be submitted by the minority party of such legislature, from which number the governor shall  appoint one member for each such county 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  and shall  be  a resident of the Capital District transportation district as described in section thirteen hundred two of this title. The  non-voting member  shall  be appointed for a term of five 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 of the members  appointed from the county of Albany shall be appointed for a term ending July thirty-first, nineteen hundred  seventy-two;  one  of  the  members appointed  from  the  counties  of  Albany,  Schenectady, Rensselaer and Saratoga,  respectively,  shall  be  appointed  for  terms  ending  July thirty-first, nineteen hundred seventy-three, respectively; one  of  the members  appointed  from the counties of Albany, Schenectady, Rensselaer and Saratoga, respectively, shall be appointed  for  terms  ending  July thirty-first,  nineteen  hundred  seventy-four, respectively. 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 of, from the same area and by the same  procedure  as  his  predecessor. 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.   3.  The  members  of the authority shall not receive a salary or other compensation, 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  Capital  District  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.