2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 11-D - Central New York Regional Transportation Authority › 1328 - Central New York Regional Transportation Authority.

§  1328.  Central  New York regional transportation authority.  1. (a)
There is hereby created the central  New  York  regional  transportation
authority.   The  authority  shall  be  a  body  corporate  and  politic
constituting a public benefit corporation. It shall consist of not  more
than  twelve 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 not less than six names, submitted to  the  governor  by  the  common
council  of  the  city of Syracuse, five members from a list of not less
than ten names, submitted by the legislature of the county  of  Onondaga
and  two  members  shall  be appointed from a list of not less than four
names submitted by the  legislature  of  the  county  of  Oneida.  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 nineteen  hundred
seventy  or  any  subsequent  federal  decennial  or federal county-wide
special census, of the counties outside the  county  of  Onondaga  which
shall elect to participate, from which number the governor shall appoint
one  member for each one hundred thousand or major fraction of the total
population,  as  determined  by  such  federal  decennial   or   federal
county-wide special census, with a maximum of three members to represent
such counties outside the county of Onondaga so electing to participate.
In addition to the members specified above, the governor shall appoint a
transit  dependent  individual  as  a voting member who resides within 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. The non-voting member shall  be  appointed  for  a
term  of  seven 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   member
recommended by the common council of the city of Syracuse and one member
recommended  by  the  legislature  of  the  county  of Onondaga shall be
appointed  for  terms  ending  July   thirty-first,   nineteen   hundred
seventy-five;  one  member recommended by the common council of the city

of Syracuse and two members recommended by the legislature of the county
of Onondaga shall be  appointed  for  terms  ending  July  thirty-first,
nineteen  hundred  seventy-six; and one member recommended by the common
council  of  the  city  of  Syracuse  and two members recommended by the
legislature of the county of  Onondaga  shall  be  appointed  for  terms
ending July thirty-first, nineteen hundred seventy-seven. The member (or
members) who is (or are) recommended by the other county legislatures or
board  of  supervisors shall be appointed for a term (or terms) of seven
years, but all terminating on  the  thirty-first  day  of  July  of  the
seventh 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  seven  years  after  the  expiration  of  the  term   of   his
predecessor.   If   a   vacancy   shall   occur   by  reason  of  death,
disqualification, resignation or removal  of  a  member,  the  successor
shall  be  appointed  by  the  governor  for the unexpired term. Persons
succeeding members recommended by the appropriate legislative bodies  of
the  city  of  Syracuse  and  the counties of Onondaga and Oneida on the
authority shall be appointed by  the  same  procedure  as  the  original
appointments.  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.
3. The members of the authority shall not receive a  salary  or  other
compensation  when  rendering service as a member, 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  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.