2023 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.