2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 10-B - Upper Mohawk Valley Memorial Auditorium Authority › 1942 - Upper Mohawk Valley Memorial Auditorium Authority.

§ 1942. Upper Mohawk Valley memorial auditorium authority. 1. A public
corporation, to be known as the "Upper Mohawk Valley memorial auditorium
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 governing body of the  authority  shall  consist  of  a
total   of  seven  members  until  January  thirty-first,  two  thousand
nineteen, three of whom shall be  appointed  by  the  county  executive,
without  confirmation  of the county legislature, and four of whom shall
be appointed by the county legislature, 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 legislature  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  two  for  a  term  ending  on  December
thirty-first of the fifth year following the year in  which  this  title
shall have become law. Commencing February first, two thousand nineteen,
the  governing  body  of  the authority shall consist of a total of nine
members, five of whom  shall  be  appointed  by  the  county  executive,
without  confirmation  of the county legislature, and four of whom shall
be appointed by the county legislature, without county  executive  right
to  veto.  The  seven  members  appointed to the board prior to February
first, two thousand nineteen, shall continue their  existing  five  year
terms  pursuant  to  this  section.  The  fourth member appointed by the
county executive shall be for a term ending  on  December  thirty-first,
two  thousand  twenty-one.  The  fifth  member  appointed  by the county
executive shall be for a  term  ending  on  December  thirty-first,  two
thousand  twenty-two.  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  by the party which appointed such member 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 of being heard in person, or  by  counsel,  in  his  or  her
defense upon not less than ten days notice. 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  five  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 five members are present. No
action shall be taken except pursuant to the favorable vote of at  least

five  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.
2.  The  officers  of  the  authority  shall  consist  of  a  chair, a
vice-chair, a treasurer and a secretary, which secretary 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  members,  officers, executive director, if
any, comptroller, if any, and  counsel,  if  any,  shall  be  an  exempt
position   under  any  rule  or  classification  of  the  civil  service
commission. 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.
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 corporation shall
forfeit his or her  office  or  employment  by  reason  of  his  or  her
acceptance  of  appointment  as  a  member,  officer  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.
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: (l) the name of the authority; (2) the names of
the members appointed by the county executive and the county legislature
and  their terms of office; and (3) the effective date of this title. 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, 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 in the county in such a manner as prescribed by law.
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  within  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.
6.  Nothing  in this title shall be construed to obligate the state in
any way  in  connection  with  the  operations  or  obligations  of  the
authority.