2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 11-C - Capital District Transportation Authority › 1303 - Capital District Transportation Authority.

§  1303.  Capital  District transportation authority.  1. (a) There is
hereby  created  the  Capital  District  transportation  authority.  The
authority  shall  be  a body corporate and politic constituting a public
benefit corporation. It shall consist of not less than  eight  nor  more
than fifteen members, including a chairman and shall have one non-voting
member  as  described in paragraph (b) of this subdivision. At least one
voting member shall be a  transit  dependent  individual  who  shall  be
appointed  by  the  governor.  If  a  vacancy  occurs  for  such transit
dependent individual member position, a replacement shall  be  appointed
within  six  months, subject to the same appointment process within this
paragraph. 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  six  names,  all of whom shall be residents of the county of Albany,
four of which names shall be submitted to the governor by  the  majority
party  of the legislature of the county of Albany and two of which names
shall be submitted by  the  minority  party  of  such  legislature;  two
members  shall  be appointed to the authority from a list of four names,
all of whom shall be residents of the county of  Schenectady,  three  of
which  names shall be submitted to the governor by the majority party of
the legislature of the county of Schenectady  and  one  of  which  names
shall  be  submitted  by  the  minority  party  of such legislature; two
members shall be appointed to the authority from a list of  four  names,
all  of  whom  shall  be residents of the county of Rensselaer, three of
which names shall be submitted to the governor by the majority party  of
the legislature of the county of Rensselaer and one of which names shall
be  submitted  by  the  minority  party of such legislature; two members
shall be appointed to the authority from a list of four  names,  all  of
whom  shall be residents of the county of Saratoga, three of which names
shall be submitted  to  the  governor  by  the  majority  party  of  the
legislature  of  the  county of Saratoga and one of which names shall be
submitted by the minority party of such  legislature.    Other  counties
electing  to participate shall each submit to the governor a list of two
persons each of whom shall be a resident of such county,  one  of  which
names  shall  be  submitted to the governor by the majority party of the
legislature of such county and one of which names shall be submitted  by
the  minority  party of such legislature, from which number the governor
shall  appoint  one  member  for  each  such  county  so   electing   to
participate.  In  addition  to the members representing each county, the
governor shall appoint one voting member  who  is  a  transit  dependent
individual  who  resides  in  a county within the district. Any local or
statewide transit  advocacy  organization  may  recommend  one  or  more
transit  dependent individuals to be considered for appointment pursuant
to this section.
(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  Capital  District
transportation  district as described in section thirteen hundred two of
this title. The non-voting member shall be appointed for a term of  five
years,  provided,  however,  that  if  at  any  time  during the term of
appointment the 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.
2. The members of the authority shall continue in office  until  their
successors  are  appointed  and shall have qualified. One of the members
appointed from the county of Albany shall be appointed for a term ending
July thirty-first, nineteen hundred  seventy-two;  one  of  the  members
appointed  from  the  counties  of  Albany,  Schenectady, Rensselaer and
Saratoga,  respectively,  shall  be  appointed  for  terms  ending  July
thirty-first,  nineteen  hundred seventy-three, respectively; one of the
members appointed from the counties of Albany,  Schenectady,  Rensselaer
and  Saratoga,  respectively,  shall  be appointed for terms ending July
thirty-first, nineteen hundred seventy-four,  respectively.  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
of,  from  the  same  area and by the same procedure as his predecessor.
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.
3. The members of the authority shall not receive a  salary  or  other
compensation,  but  each  member  shall  be entitled to reimbursement of
actual and necessary expenses incurred in the performance of his or  her
official duties.
4.  A  majority  of the whole number of members of the authority 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 of the
members present at any meeting at which a quorum is in attendance.
5. The authority shall organize by the selection from its members of a
chairman, vice-chairman and secretary. 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 provision 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  Capital  District  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.