NY Pub Auth L § 1973 (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 12 1973 - Battery Park City Authority.

§  1973.  Battery park city authority. (1) There is hereby created the battery park city authority which shall be a body corporate and politic, constituting a public benefit corporation. Its membership shall  consist of  seven  members  to  be appointed by the governor with the advice and consent of the senate. One of the members first  appointed  shall  serve for  a  term  ending  four  years from January first next succeeding his appointment; one of such members shall serve  for  a  term  ending  five years  from  such  date;  and one of such members shall serve for a term ending six years from such  date.  Provided,  however,  that  two  board members  first appointed on or after the effective date of chapter seven hundred sixty-six of the laws  of  two  thousand  five  shall  serve  an initial term of two years; provided further that two other board members first  appointed on or after the effective date of chapter seven hundred sixty-six of the laws of two thousand five shall serve an  initial  term of four years. Their successors shall serve for terms of six years each. Members  shall  continue  in  office  until  their  successors have been appointed and qualified and the provisions of section thirty-nine of the public officers law shall apply. In the event of a vacancy occurring  in the  office of a member by death, resignation or otherwise, the governor shall appoint a successor with the advice and consent of the  senate  to serve for the balance of the unexpired term. After the effective date of the  chapter  of  the  laws  of two thousand seventeen that amended this subdivision, if the membership of the corporation is such that less than two of the members are residents of Battery Park city  as  described  by the  Battery  Park  project  area defined by subdivision five of section nineteen hundred seventy-two of this title, any appointments made  shall be residents of Battery Park city. Appointments shall continue in such a manner  until  two  of  the  members of the corporation are residents of Battery Park city. Thereafter, two of the corporation's members shall be residents of Battery Park city.  (1-a) All board members shall recuse themselves from  matters  pending before the board in the event of a conflict of interest, consistent with the  provisions of subdivision three of this section and subdivision two of section twenty-eight hundred twenty-five of  this  chapter,  sections seventy-three  and seventy-four of the public officers law, and relevant authorities budget office guidance.  (1-b) All board members appointed under the provisions of this section shall have relevant real  estate,  corporate  board,  financial,  legal, urban  planning  and/or  design, architectural, governmental or security experience.  (2) The members shall elect the chairman of the authority  from  among their   number.   The  members  shall  serve  without  salary  or  other compensation, but each member shall be  entitled  to  reimbursement  for actual  and necessary expenses incurred in the performance of his or her official   duties.   Anything   to   the   contrary   contained   herein notwithstanding,  any  member who serves as an employee of the authority shall be entitled to receive such salary as the  members  may  determine for services as such employee.  (3)  Such  members  other  than  those  serving  as  employees  of the authority may engage in  private  employment,  or  in  a  profession  or business.  The  authority,  its members, officers and employees shall be subject to the provisions of sections seventy-three and seventy-four  of the public officers law.  (4)  Notwithstanding  any  inconsistent  provision  of  law,  general, special or local, no officer of the  state  or  of  any  civil  division thereof shall be deemed to have forfeited or shall forfeit his office or employment  by  reason  of his acceptance of membership on the authority created by this section.  (5) 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 such member shall  be  removed,  the  governor  shall  file  in  the  office  of the department of state a complete statement of  the  charges  made  against such member and his findings thereon, together with a complete record of the proceedings.  (6)  The  authority  in  its  corporate existence shall continue until terminated by law, provided, however, that no such law shall take effect so long as the authority shall have bonds, notes and  other  obligations outstanding,  unless  adequate  provision  has been made for the payment thereof in the documents securing the  same.  Upon  termination  of  the existence  of the authority, all its rights and properties shall vest in the state.  (7) A majority of the members of  the  authority  shall  constitute  a quorum  for the transaction of any business or the exercise of any power or function of the authority. The authority may delegate to one or  more of its members, or to its officers, agents or employees, such powers and duties as it may deem proper.