2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 11-A - Niagara Frontier Transportation Authority › 1299-C - Niagara Frontier Transportation Authority.

1299-c.  Niagara  Frontier transportation authority.   1. (a) There is
hereby created the  "Niagara  Frontier  transportation  authority."  The
authority  shall  be  a body corporate and politic constituting a public
benefit corporation. The authority shall  consist  of  a  chairman,  ten
voting  members  and  shall  have  one non-voting member as described in
paragraph (b) of this subdivision appointed by the governor by and  with
the advice and consent of the senate. The chairman and all members shall
be  residents  of the district. Of the ten voting members other than the
chairman, one shall be appointed upon the written recommendation of  the
Erie   county  executive,  one  shall  be  appointed  upon  the  written
recommendation of the Erie county legislature, and at least one shall be
a transit dependent individual. The chairman and  each  of  the  members
shall be appointed for a term of eight years, provided however, that the
chairman  first  appointed shall serve for a term ending June thirtieth,
nineteen hundred seventy-three, and of the  eight  other  members  first
appointed,  one  shall  serve for a term ending June thirtieth, nineteen
hundred sixty-eight, two shall serve for a term ending  June  thirtieth,
nineteen  hundred  sixty-nine,  one  shall  serve for a term ending June
thirtieth, nineteen hundred seventy, two shall serve for a  term  ending
June thirtieth, nineteen hundred seventy-one, one shall serve for a term
ending  June thirtieth, nineteen hundred seventy-two and one shall serve
for a term ending June thirtieth, nineteen  hundred  seventy-three.  The
term of one of the members appointed to memberships first created by law
after  April  first,  nineteen  hundred  sixty-nine  shall  end  on June
thirtieth, nineteen hundred seventy-four, and the term of the other such
member shall end  on  June  thirtieth,  nineteen  hundred  seventy-five.
Following  the expiration of any term ending on or after June thirtieth,
nineteen hundred eighty-seven, each member shall be appointed for a term
of five years beginning on the day after the  expiration  date  of  such
prior  term;  provided,  however,  that  the  term  of  the member first
appointed upon the written recommendation of the Erie  county  executive
and   the   term   of  the  member  first  appointed  upon  the  written
recommendation of the Erie county legislature shall be for a term ending
on June thirtieth, nineteen hundred ninety-six.
(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  Niagara  Frontier
transportation   district   as   described  in  section  twelve  hundred
ninety-nine-b of this title. Such non-voting member shall  be  appointed
for  a term of five years, provided, however, that if at any time during
the term of appointment such 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.
(c)  The  transit dependent individual appointed pursuant to paragraph
(a) of this subdivision shall be appointed by the governor. Such  member
shall  be  a  resident  of  a  county described in paragraph (a) of this
subdivision. If a vacancy shall occur, a replacement shall be  appointed

within  six months, subject to the same appointment process set forth in
this paragraph. Any local or statewide transit advocacy organization may
recommend one or more transit dependent individuals to be considered for
appointment pursuant to this section.
2.  The  members  of  the  authority, including the chairman shall not
receive a salary or other compensation. Upon formal adoption of policies
and guidelines by the authority, each member,  including  the  chairman,
shall  be  entitled  to  reimbursement for actual and necessary expenses
incurred in the performance of official duties.
3. A majority of the whole number of members of the authority then  in
office  shall constitute a quorum for the transaction of any business or
the exercise  of  any  power  of  the  authority.  Except  as  otherwise
specified  in  this  title,  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.
4. The chairman shall preside  over  the  board  and  shall  establish
committees to assist the board in carrying out its duties, including but
not  limited  to a committee on operations and personnel; a committee on
finance and audit; and a committee on  capital  planning.  The  chairman
shall appoint members of the authority to such committees.
5.  The  authority  shall  be  a  "state  agency"  for the purposes of
sections seventy-three and seventy-four of the public officers law.
6. Notwithstanding any inconsistent provisions 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
chairman who holds such other public office or employment shall  receive
no additional compensation for services rendered pursuant to this title,
but  the  members  and  chairman  shall be entitled to reimbursement for
their actual and necessary expenses incurred in the performance of  such
services.
7.  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.
8. 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, except that the Buffalo projects, together with all  property
and assets held and acquired by the authority or by the Niagara Frontier
port  authority  in  connection  therewith,  shall  thereupon become the
property of and shall be under the jurisdiction, control and  possession
of  the city of Buffalo. As used herein, the Buffalo projects shall mean
(a) the greater Buffalo international airport; (b) the Buffalo municipal
piers project formerly owned and operated by the city of Buffalo at  the
foot  of  Michigan avenue on the Buffalo harbor, in the city of Buffalo;
and (c) the  Buffalo  small  boat  harbor  project  formerly  owned  and
operated  by  the  city  of  Buffalo  for the mooring of small craft and

boats, located on Fuhrmann boulevard and the Buffalo harbor, in the city
of Buffalo.
9.  Notwithstanding  the provisions of paragraph eight of this section
or any other provisions of law, the authority may purchase and the  city
of  Buffalo  may  sell its reversionary interests in any of the projects
mentioned in paragraph eight of this section and  in  such  event,  upon
termination  of  the  authority  by  law,  any project so acquired shall
revert to and become the property of the state.