NY Pub Auth L § 2052-C (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 13-L - Oneida County Sports Facility Authority Act 2052-C - Oneida County Sports Facility Authority.

§  2052-c.  Oneida  county  sports  facility  authority.  1.  A public corporation,  to  be  known  as  the  "Oneida  county  sports   facility authority"  is  hereby  created for the public purposes and charged with the duties and having the powers provided in this title.  The  authority 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 board of the authority shall consist of a total of seven members, three of whom shall be appointed by the county executive,  without  confirmation  of  the  county  board  of legislators,  and four of whom shall be appointed by the county board of legislators, without county executive right to veto. The  first  members appointed  by  the county executive shall be appointed for the following terms of office: one for a term ending on December thirty-first  of  the first year following the year in which this title shall have become law, one  for  a  term  ending  on  December  thirty-first  of the third year following the year in which this title shall have become law and one for a term ending on December thirty-first of the fifth year  following  the year  in  which  this  title  shall  have  become law. The first members appointed by the county board of legislators shall  have  the  following terms  of  office: one for a term ending on December thirty-first of the first year following the year in which this title shall have become law, one for a term  ending  on  December  thirty-first  of  the  third  year following  the  year  in which this title shall have become law, and two for a term ending on December thirty-first of the fifth  year  following the  year  in  which  this  title  shall  have  become  law.  Subsequent appointments of members shall be made for a term of five years ending in each case on December thirty-first of the last year of  such  term.  All 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 for the same reasons and  in  the  same  manner  as may be provided by law for the removal of officers of the county. The members of the authority  shall  receive  no compensation  for  their  services,  but  shall  be reimbursed for their actual and necessary expenses incurred in connection with  the  carrying out  of the purposes of this title. The powers of the authority shall be vested in and be exercised by the board at a  meeting  duly  called  and held  where  a  quorum  of  four members are present. No action shall be taken except pursuant to the favorable vote  of  at  least  four  voting members. The board may delegate to one or more of its members, officers, agents or employees such powers and duties as it may deem proper.   2.  The  officers  of  the  authority shall consist of a chairman, who shall be a member of the authority, and a vice-chairman and a treasurer, who shall be members of the authority, and a secretary, who need not  be a member of the authority. Such officers shall be appointed by the board and  shall  serve  in  such  capacities at the pleasure of the board. In addition to the secretary, the board may appoint and at pleasure  remove such additional officers and employees as it may determine necessary for the  performance  of  the powers and duties of the authority and fix and determine their qualifications, duties and compensation, subject to  the provisions  of  the  civil service law. The appointment and promotion of all employees of the authority shall be  made  in  accordance  with  the provisions  of the civil service law and county civil service rules, and such employees shall be entitled to membership in the county pension and retirement system,  and  shall  be  entitled  to  the  same  rights  and obligations  thereunder  as  the  employees of the county. The board may also from time to time contract for expert  professional  services,  and  may   retain   or   employ  counsel,  auditors,  engineers  and  private consultants on a contract basis or otherwise for rendering  professional or  technical  services  and advice. The treasurer shall 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 board and the premium therefor which shall be paid by the authority.   3.  Notwithstanding any inconsistent provision of any general, special or local law, ordinance, resolution or charter, no  officer,  member  or employee   of   the  state,  any  municipality  or  any  public  benefit corporation shall forfeit his or her office or employment by  reason  of his  or  her  acceptance  of  appointment as a member, officer, agent or employee of the authority, nor shall service as  such  member,  officer, agent  or  employee  be  deemed  incompatible  or  in conflict with such office, membership  or  employment  and  any  such  officer,  member  or employee  may  accept  such  appointment and serve as a member, officer, agent or employee of the  authority  without  forfeiture  of  any  other office or position of public employment by reason thereof.   4.  (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: (1) the name of the authority; (2) the names of the members initially appointed and their terms of office; and  (3)  the effective  date  of  this  title.  The  authority  shall be perpetual in duration, except  that  if  such  certificate  is  not  filed  with  the secretary  of state on or before such date, then the corporate existence of the authority shall thereupon terminate and  it  shall  thereupon  be deemed to be and shall be dissolved.  (b)  Except  as  provided  in  paragraph  (a) of this subdivision, the authority and its corporate existence shall continue until terminated by law. Upon termination of the existence of  the  authority,  all  of  the rights  and  each  project of the authority then remaining shall pass to and vest in the county.   5. It is hereby determined and declared, that the  authority  and  the carrying  out  of  its  powers  and  duties  are in all respects for the benefit of the people of the county and the state for the improvement of their health, welfare and prosperity and that such purposes  are  public purposes  and  that the authority is and will be performing an essential governmental function in the exercise of the powers conferred upon it by this title.