NY Pub Auth L § 1299-C (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 11-A - Niagara Frontier Transportation Authority 1299-C - Niagara Frontier Transportation Authority.

1299-c.  Niagara  Frontier transportation authority.   1. (a) There is hereby created the  "Niagara  Frontier  transportation  authority."  The authority  shall  be  a body corporate and politic constituting a public benefit corporation. The authority shall  consist  of  a  chairman,  ten other  members  and  shall  have  two non-voting members as described in paragraphs (b) and (c) of this subdivision appointed by the governor  by and  with  the  advice  and  consent of the senate. The chairman and all members shall be residents of the district. Of  the  ten  members  other than   the   chairman,   one   shall   be  appointed  upon  the  written recommendation of the Erie county executive and one shall  be  appointed upon  the  written  recommendation  of  the Erie county legislature. The chairman and each of the members shall be appointed for a term of  eight years,  provided  however, that the chairman first appointed shall serve for a term ending June thirtieth, nineteen hundred seventy-three, and of the eight other members first appointed, one  shall  serve  for  a  term ending June thirtieth, nineteen hundred sixty-eight, two shall serve for a  term  ending  June  thirtieth, nineteen hundred sixty-nine, one shall serve for a term ending June thirtieth, nineteen  hundred  seventy,  two shall   serve  for  a  term  ending  June  thirtieth,  nineteen  hundred seventy-one, one shall serve for a term ending June thirtieth,  nineteen hundred  seventy-two  and  one  shall  serve  for  a  term  ending  June thirtieth, nineteen hundred  seventy-three.  The  term  of  one  of  the members appointed to memberships first created by law after April first, nineteen  hundred  sixty-nine  shall  end  on  June  thirtieth, nineteen hundred seventy-four, and the term of the other such member shall end on June thirtieth, nineteen hundred seventy-five. Following the  expiration of  any  term  ending  on  or  after  June  thirtieth,  nineteen hundred eighty-seven, each member shall be appointed for a term  of  five  years beginning  on  the  day  after  the  expiration date of such prior term; provided, however, that the term of the member first appointed upon  the written  recommendation of the Erie county executive and the term of the member first appointed upon  the  written  recommendation  of  the  Erie county  legislature  shall  be  for  a  term  ending  on June thirtieth, nineteen hundred ninety-six.  (b) The first non-voting member of the  authority  who  shall  not  be considered in determining a quorum, 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  Niagara  Frontier transportation   district   as   described  in  section  twelve  hundred ninety-nine-b of this title.  Such  first  non-voting  member  shall  be appointed  for  a  term of five years, provided, however, that if at any time during the term of appointment such 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.  (c)  There  shall also be a second non-voting member of the authority, who shall  not  be  considered  in  determining  a  quorum.  The  second non-voting member shall be appointed by the governor as a representative  of  the transit dependent community and/or people with disabilities. The second non-voting member shall be appointed for a term of five years.   2.  The  members  of  the  authority, including the chairman shall not receive a salary or other compensation. Upon formal adoption of policies and guidelines by the authority, each member,  including  the  chairman, shall  be  entitled  to  reimbursement for actual and necessary expenses incurred in the performance of official duties.   3. A majority of the whole number of members of the authority then  in office  shall constitute a quorum for the transaction of any business or the exercise  of  any  power  of  the  authority.  Except  as  otherwise specified  in  this  title,  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.   4. The chairman shall preside  over  the  board  and  shall  establish committees to assist the board in carrying out its duties, including but not  limited  to a committee on operations and personnel; a committee on finance and audit; and a committee on  capital  planning.  The  chairman shall appoint members of the authority to such committees.   5.  The  authority  shall  be  a  "state  agency"  for the purposes of sections seventy-three and seventy-four of the public officers law.   6. Notwithstanding any inconsistent provisions 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 chairman who holds such other public office or employment shall  receive no additional compensation for services rendered pursuant to this title, but  the  members  and  chairman  shall be entitled to reimbursement for their actual and necessary expenses incurred in the performance of  such services.   7.  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.   8. 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, except that the Buffalo projects, together with all  property and assets held and acquired by the authority or by the Niagara Frontier port  authority  in  connection  therewith,  shall  thereupon become the property of and shall be under the jurisdiction, control and  possession of  the city of Buffalo. As used herein, the Buffalo projects shall mean (a) the greater Buffalo international airport; (b) the Buffalo municipal piers project formerly owned and operated by the city of Buffalo at  the foot  of  Michigan avenue on the Buffalo harbor, in the city of Buffalo; and (c) the  Buffalo  small  boat  harbor  project  formerly  owned  and operated  by  the  city  of  Buffalo  for the mooring of small craft and boats, located on Fuhrmann boulevard and the Buffalo harbor, in the city of Buffalo.    9. Notwithstanding the provisions of paragraph eight of  this  section or  any other provisions of law, the authority may purchase and the city of Buffalo may sell its reversionary interests in any  of  the  projects mentioned  in  paragraph  eight  of this section and in such event, upon termination  of  the  authority  by  law,  any project so acquired shall revert to and become the property of the state.