2023 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.