2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 11-B - Rochester-Genesee Regional Transportation Authority › 1299-DD - Rochester-Genesee Regional Transportation Authority.

§  1299-dd.  Rochester-Genesee  regional transportation authority.  1.
(a)   There   is   hereby   created   the   Rochester-Genesee   regional
transportation  authority.  The  authority shall be a body corporate and
politic constituting a public benefit corporation. It shall consist  of:
(i)  at  least  one  member  from  each  county  that elects to join the
authority except that the county of Monroe shall have seven  members  of
whom  three  shall  be  appointed from the city of Rochester and four at
large from the county of Monroe, (ii) and  a  voting  member  who  is  a
transit dependent individual appointed pursuant to paragraph (c) of this
subdivision,  and  (iii) 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 not less than six names, all of whom must be residents of
the  city  of Rochester, submitted to the governor by the council of the
city of Rochester; four persons from a  list  of  not  less  than  eight
persons, all of whom must be residents of the county of Monroe submitted
by  the  legislature of the county of Monroe. Other counties electing to
participate shall each submit to the governor a list of  not  less  than
two persons for each one hundred thousand or major fraction of the total
population,  as  determined  by  the  last  federal decennial or federal
county-wide special census. From the  counties  outside  the  county  of
Monroe  which shall elect to participate, the governor shall appoint one
member for each one hundred thousand or  major  fraction  of  the  total
population,  as  determined  by  the  last  federal decennial or federal
county-wide special census, with a minimum of one  member  to  represent
each county outside the county of Monroe so electing to participate. All
members  of the authority shall be residents of the area from which they
are nominated.
(b)  The  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  Rochester-Genesee
regional  transportation district as described in section twelve hundred
ninety-nine-cc of this title. Such 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)  The  voting  member  who  is  a  transit  dependent individual as
described in paragraph (a) of this subdivision shall be appointed by the
governor for a term of five years. Such member shall be a resident of  a
county  within  the  district.  If a vacancy occurs for such position, a
replacement shall be  appointed  within  six  months  pursuant  to  this
process.  Any  local  or  statewide  transit  advocacy  organization may
recommend one or more transit dependent  individuals  to  be  considered
pursuant to this section.
2.  The  members of the authority shall continue in office until their
successors are appointed and shall have qualified. One member  appointed
from  the  city of Rochester and one member appointed from the county of
Monroe shall be appointed for terms ending July  thirty-first,  nineteen
hundred seventy-one; one member appointed from the city of Rochester and
two  members  appointed from the county of Monroe shall be appointed for
terms ending July thirty-first, nineteen hundred  seventy-two;  and  one
member  appointed from the city and one member appointed from the county
of Monroe  shall  be  appointed  for  terms  ending  July  thirty-first,
nineteen  hundred seventy-three. 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. Persons
succeeding members from the city of Rochester and the county  of  Monroe
on  the  authority shall be appointed from the same area and by the same
procedure as the original appointments. In the event  of  a  vacancy  as
defined herein, the successor appointed by the governor for an unexpired
term  shall  be from the same area. The same procedure shall be followed
for the filling of vacancies of members appointed from  other  counties.
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.
The members of the authority shall officially be designated and referred
to as commissioners.
3.  The  members  of  the authority, including the chairman, shall not
receive a salary or other  compensation  when  rendering  service  as  a
member  of  the  authority  or  as  a  member  of  one of its subsidiary
corporations, but shall be entitled  to  reimbursement  for  actual  and
necessary expenses incurred in the performance of their official duties.
4.  A  majority  of  the  whole  number  of  votes  of  members of the
authority, including the  voting  member  who  is  a  transit  dependent
individual  as  described  in  subdivision  one  of  this section, 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 vote of
the members present at any meeting at which a quorum is  in  attendance.
Each  member  of  the authority shall have one vote for each thirty-five
thousand or major fraction thereof of the population of  the  county  or
city  from  which  he  is  appointed  based upon the results of the last
federal decennial or federal county-wide special census divided  by  the
total  number of members appointed from such county or city, except that
the voting member who is a transit dependent individual as described  in
subdivision  one  of  this  section  shall  have  one vote in total. The
minimum  number  of  votes  each  member  shall  have,   regardless   of
population,  is  one.  The votes of all members shall be calculated with
fractions being rounded to the nearest whole number. The population of a
county for the purposes of this provision is  the  total  population  of
such  county  less  the population of any city which is entitled to have
members appointed on the authority.
5. The authority shall organize by the selection from its members of a
chairman, vice chairman,  secretary  and  such  other  officers  as  the

members  may  deem  necessary.  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 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
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 Rochester-Genesee regional 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.