NY Pub Auth L § 902 (2021)
2021 New York Laws PBA - Public Authorities Article 4 - Market Authorities Title 5 - Long Island Market Authority 902 - Long Island Market Authority.

§ 902. Long  Island  market  authority.  1. A public corporation to be known as the "Long Island market authority" is hereby created for public purposes and charged with the duties and shall have the powers  provided in  this  title.  The  authority  shall  be a body corporate and politic constituting a public benefit corporation.   2. The governing body of the authority shall consist  of  a  total  of seven members, to be appointed and serve as follows:  (a) The county executive, with the approval of the legislative body of the county, shall appoint seven members. Members appointed by the county executive shall be residents of the county. Any member shall forfeit his or  her  membership on the governing body upon such member's termination of residence in such area, which  forfeiture  shall  create  a  vacancy. Three members appointed by the county executive shall be appointed for a term  of  office  ending  on  December  thirty-first  of  the third year following the year in which  this  title  shall  have  become  law.  Two members  appointed by the county executive shall be appointed for a term of office ending on December thirty-first of the second  year  following the  year  in  which  this  title  shall  have  become  law. Two members appointed by the county executive shall  be  appointed  for  a  term  of office  ending  on December thirty-first of the first year following the year in which this title shall have become law. Subsequent  appointments of  members  shall  be made for a term of three years ending 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.  (b)  Four  members  of  the board shall be persons engaged in farming, commercial fishing,  the  resale  of  farm  produce  or  the  resale  of commercial  fishing products and deriving a greater part of their income therefrom.  (c) Failure to appoint any member shall not invalidate the creation or establishment of the authority and shall result in  the  creation  of  a vacancy  on  the  governing body of the authority which may be filled at any time by such party.  (d) Vacancies shall be filled in the same manner as provided  for  the original  appointment. Vacancies, occurring otherwise than by expiration of term of office shall be  filled  by  appointment  for  the  unexpired terms.  (e)  Members  may  be removed from office 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 to be heard in person, or by counsel, in his or her defense upon  not  less than ten days notice.   3.  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;  provided,  however, that no member shall be reimbursed for any expense exceeding one thousand dollars incurred with respect to  any individual  purpose  unless  the governing body at a meeting duly called and held when a quorum of four members are present shall have authorized the incurrence of such  expense  by  such  member.  The  powers  of  the authority shall be vested in and be exercised by the governing body 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. All votes must be made in person at a meeting and no vote may be made by proxy. 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.   4.  The  officers  of  the  authority  shall  consist  of  a  chair, a vice-chair, a treasurer and a secretary, who need not be a member of the  authority.  Such officers shall be appointed by the governing  body  and shall serve in such capacities at the pleasure of the governing body. In addition  to  the  secretary,  the  governing  body  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 governing   body  may  also  from  time  to  time  contract  for  expert professional services. 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 governing  body and the premium therefor shall be paid by the authority.   5.  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, or employee be  deemed  incompatible  or  in  conflict  with  such  office, membership or employment.   6.  (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  such county  executive  setting forth: (1) the name of the authority; (2) the names of the members appointed by the county executive and  their  terms of office; and (3) the effective date of this title.  (b)  Except  as  provided  in  paragraph  (a) of this subdivision, the authority and 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 or other obligations outstanding unless adequate provision  has  been  made  for  the  payment  or  satisfaction thereof.  Upon termination of the existence of the authority, all of the rights and properties of the authority then remaining shall pass to  and vest  jointly  in  the cities, towns and villages in the service area in such a manner as prescribed by law.   7. 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  service  area  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.   8. Nothing in this title shall be construed to obligate the  state  in any  way  in  connection  with  the  operations  or  obligations  of the authority.