§ 1263 — Metropolitan transportation authority

New York § 1263

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 11: Metropolitan Commuter Transportation Authority
• Art. 5: Public Utility Authorities

Text

§ 1263. Metropolitan transportation authority. 1. * (a) (1) There is\nhereby created the "metropolitan transportation authority." The\nauthority shall be a body corporate and politic constituting a public\nbenefit corporation. The authority shall consist of a chairperson,\nsixteen other voting members, and two non-voting and four alternate\nnon-voting members, as described in subparagraph two of this paragraph\nappointed by the governor by and with the advice and consent of the\nsenate. Any member appointed to a term commencing on or after June\nthirtieth, two thousand nine shall have experience in one or more of the\nfollowing areas: transportation, public administration, business\nmanagement, finance, accounting, law, engineering, land use, urban and\nregional planning, management of large capital projects, labor\nrelations, or have experience in some other area of activity central to\nthe mission of the authority. Four of the sixteen voting members other\nthan the chairperson shall be appointed on the written recommendation of\nthe mayor of the city of New York; and each of seven other voting\nmembers other than the chairperson shall be appointed after selection\nfrom a written list of three recommendations from the chief executive\nofficer of the county in which the particular member is required to\nreside pursuant to the provisions of this subdivision. Of the members\nappointed on recommendation of the chief executive officer of a county,\none such member shall be, at the time of appointment, a resident of the\ncounty of Nassau, one a resident of the county of Suffolk, one a\nresident of the county of Westchester, one a resident of the county of\nDutchess, one a resident of the county of Orange, one a resident of the\ncounty of Putnam and one a resident of the county of Rockland, provided\nthat the term of any member who is a resident of a county that has\nwithdrawn from the metropolitan commuter transportation district\npursuant to section twelve hundred seventy-nine-b of this title shall\nterminate upon the effective date of such county's withdrawal from such\ndistrict. Of the five voting members, other than the chairperson,\nappointed by the governor without recommendation from any other person,\nthree shall be, at the time of appointment, residents of the city of New\nYork and two shall be, at the time of appointment, residents of such\ncity or of any of the aforementioned counties in the metropolitan\ncommuter transportation district. Provided however, notwithstanding the\nforegoing residency requirement, one of the five voting members\nappointed by the governor without recommendation from any other person,\nother than the chairperson, may be the director of the New York state\ndivision of the budget, and provided further that, in the event of such\nappointment, the budget director's membership in the authority shall be\ndeemed ex-officio. Provided further, one of the twelve voting members,\nother than the chairperson, appointed by the governor without\nrecommendation by any other person, or on the recommendation of the\nmayor of the city of New York, or of the chief executive officer of the\ncounties of Westchester, Nassau, or Suffolk shall be a transit dependent\nindividual. A "transit dependent individual" shall mean an individual\nwho is limited to public transit as their primary mode of transportation\nbecause the individual has a permanent disability, provided that any\nlocal or statewide transit advocacy organization may recommend one or\nmore transit dependent individuals to be considered for appointment\npursuant to this section. The chairperson and each of the members shall\nbe appointed for a term of six years, provided however, that the\nchairperson first appointed shall serve for a term ending June\nthirtieth, nineteen hundred eighty-one, provided that thirty days after\nthe effective date of the chapter of the laws of two thousand nine which\namended this subparagraph, the term of the chairperson shall expire;\nprovided, further, that such chairperson may continue to discharge the\nduties of his or her office until the position of chairperson is filled\nby appointment by the governor upon the advice and consent of the senate\nand the term of such new chairperson shall terminate June thirtieth, two\nthousand fifteen. The sixteen other members first appointed shall serve\nfor the following terms: The members from the counties of Nassau and\nWestchester shall each serve for a term ending June thirtieth, nineteen\nhundred eighty-five; the members from the county of Suffolk and from the\ncounties of Dutchess, Orange, Putnam and Rockland shall each serve for a\nterm ending June thirtieth, nineteen hundred ninety-two; two of the\nmembers appointed on recommendation of the mayor of the city of New York\nshall each serve for a term ending June thirtieth, nineteen hundred\neighty-four and, two shall each serve for a term ending June thirtieth,\nnineteen hundred eighty-one; two of the members appointed by the\ngovernor without the recommendation of any other person shall each serve\nfor a term ending June thirtieth, nineteen hundred eighty-two, two shall\neach serve for a term ending June thirtieth, nineteen hundred eighty and\none shall serve for a term ending June thirtieth, nineteen hundred\neighty-five. The two non-voting and four alternate non-voting members\nshall serve until January first, two thousand one. The members from the\ncounties of Dutchess, Orange, Putnam and Rockland shall cast one\ncollective vote.\n (2) There shall be two non-voting members and four alternate\nnon-voting members of the authority, as referred to in subparagraph one\nof this paragraph.\n The first non-voting member shall be a regular mass transit user of\nthe facilities of the authority and be recommended to the governor by\nthe New York city transit authority advisory council. The first\nalternate non-voting member shall be a regular mass transit user of the\nfacilities of the authority and be recommended to the governor by the\nMetro-North commuter council. The second alternate non-voting member\nshall be a regular mass transit user of the facilities of the authority\nand be recommended to the governor by the Long Island Rail Road\ncommuter's council.\n The second non-voting member shall be recommended to the governor by\nthe labor organization representing the majority of employees of the\nLong Island Rail Road. The third alternate non-voting member shall be\nrecommended to the governor by the labor organization representing the\nmajority of employees of the New York city transit authority. The fourth\nalternate non-voting member shall be recommended to the governor by the\nlabor organization representing the majority of employees of the\nMetro-North Commuter Railroad Company. Notwithstanding any other\nprovision of law, the alternate non-voting member recommended by the\nlabor organization representing the majority of employees of the\nMetro-North Commuter Railroad Company may be a resident of any state in\nwhich the Metro-North Commuter Railroad Company operates. The chairman\nof the authority, at his direction, may exclude such non-voting member\nor alternate non-voting member from attending any portion of a meeting\nof the authority or of any committee established pursuant to paragraph\n(b) of subdivision four of this section held for the purpose of\ndiscussing negotiations with labor organizations.\n The non-voting member and the two alternate non-voting members\nrepresenting the New York York city transit authority advisory council,\nthe Metro-North commuter council, and the Long Island Rail Road\ncommuter's council shall serve eighteen month rotating terms, after\nwhich time an alternate non-voting member shall become the non-voting\nmember and the rotation shall continue until each alternate member has\nserved at least one eighteen month term as a non-voting member. The\nother non-voting member and alternate non-voting members representing\nthe New York city transit authority, Metro-North Commuter Railroad\nCompany, and the Long Island Rail Road labor organizations shall serve\neighteen month rotating terms, after which time an alternate non-voting\nmember shall become the non-voting member and the rotation shall\ncontinue until each alternate member has served at least one eighteen\nmonth term as a non-voting member. The transit authority and the\ncommuter railroads shall not be represented concurrently by the two\nnon-voting members during any such eighteen month period.\n * NB Effective until June 30, 2028\n * (a) There is hereby created the "metropolitan transportation\nauthority." The authority shall be a body corporate and politic\nconstituting a public benefit corporation. The authority shall consist\nof a chairman and sixteen other members appointed by the governor by and\nwith the advice and consent of the senate. Any member appointed to a\nterm commencing on or after June thirtieth, two thousand nine shall have\nexperience in one or more of the following areas of expertise:\ntransportation, public administration, business management, finance,\naccounting, law, engineering, land use, urban and regional planning,\nmanagement of large capital projects, labor relations, or have\nexperience in some other area of activity central to the mission of the\nauthority. Four of the sixteen members other than the chairman shall be\nappointed on the written recommendation of the mayor of the city of New\nYork; and each of seven other members other than the chairman shall be\nappointed after selection from a written list of three recommendations\nfrom the chief executive officer of the county in which the particular\nmember is required to reside pursuant to the provisions of this\nsubdivision. Of the members appointed on recommendation of the chief\nexecutive officer of a county, one such member shall be, at the time of\nappointment, a resident of the county of Nassau; one a resident of the\ncounty of Suffolk; one a resident of the county of Westchester; and one\na resident of the county of Dutchess, one a resident of the county of\nOrange, one a resident of the county of Putnam and one a resident of the\ncounty of Rockland, provided that the term of any member who is a\nresident of a county that has withdrawn from the metropolitan commuter\ntransportation district pursuant to section twelve hundred\nseventy-nine-b of this title shall terminate upon the effective date of\nsuch county's withdrawal from such district. Of the five members, other\nthan the chairman, appointed by the governor without recommendation from\nany other person, three shall be, at the time of appointment, residents\nof the city of New York and two shall be, at the time of appointment,\nresidents of such city or of any of the aforementioned counties in the\nmetropolitan commuter transportation district. Provided however,\nnotwithstanding the foregoing residency requirement, one of the five\nvoting members appointed by the governor without recommendation from any\nother person, other than the chairman, may be the director of the New\nYork state division of the budget, and provided further that, in the\nevent of such appointment, the budget director's membership in the\nauthority shall be deemed ex-officio. The chairman and each of the\nmembers shall be appointed for a term of six years, provided however,\nthat the chairman first appointed shall serve for a term ending June\nthirtieth, nineteen hundred eighty-one, provided that thirty days after\nthe effective date of the chapter of the laws of two thousand nine which\namended this paragraph, the term of the chairman shall expire; provided,\nfurther, that such chairman may continue to discharge the duties of his\noffice until the position of chairman is filled by appointment by the\ngovernor upon the advice and consent of the senate and the term of such\nnew chairman shall terminate June thirtieth, two thousand fifteen. The\nsixteen other members first appointed shall serve for the following\nterms: The members from the counties of Nassau and Westchester shall\neach serve for a term ending June thirtieth, nineteen hundred\neighty-five; the members from the county of Suffolk and from the\ncounties of Dutchess, Orange, Putnam and Rockland shall each serve for a\nterm ending June thirtieth, nineteen hundred ninety-two; two of the\nmembers appointed on recommendation of the mayor of the city of New York\nshall each serve for a term ending June thirtieth, nineteen hundred\neighty-four and, two shall each serve for a term ending June thirtieth,\nnineteen hundred eighty-one; two of the members appointed by the\ngovernor without the recommendation of any other person shall each serve\nfor a term ending June thirtieth, nineteen hundred eighty-two, two shall\neach serve for a term ending June thirtieth, nineteen hundred eighty and\none shall serve for a term ending June thirtieth, nineteen hundred\neighty-five. The members from the counties of Dutchess, Orange, Putnam\nand Rockland shall cast one collective vote.\n * NB Effective June 30, 2028\n (a-1) The mayor of the city of New York shall, no later than April\nfirst, nineteen hundred ninety-one, develop and submit to the governor,\nthe temporary president of the senate and the speaker of the assembly, a\nplan detailing how the four appointments to the metropolitan\ntransportation authority board made by the governor upon the written\nrecommendation of the mayor can be utilized to ensure that each county\nwithin the city of New York is represented on such board.\n (b) Vacancies occurring otherwise than by expiration of term shall be\nfilled in the same manner as original appointments for the balance of\nthe unexpired term, provided, however, that in the event of a vacancy\ncaused by the death, resignation, removal, or disability of the\nchairman, the vacancy shall be filled by the governor by and with the\nadvice and consent of the senate for the unexpired term. Notwithstanding\nany other provision of law to the contrary, the governor shall designate\nan acting chairman for a period not to exceed six months or until a\nsuccessor chairman has been confirmed by the senate, whichever comes\nfirst. Upon the expiration of the six-month term, if the governor has\nnominated a successor chairman, but the senate has not acted upon the\nnomination, the acting chair can continue to serve as acting chair for\nan additional ninety days or until the governor's successor chair\nnomination is confirmed by the senate, whichever comes first.\n (b-1) Notwithstanding any inconsistent provision of this section, in\nthe event that, upon a vacancy to be filled by the governor without\nrecommendation, other than the chairperson, there is no transit\ndependent member serving, the governor shall appoint a transit dependent\nindividual to fill the vacancy, consistent with paragraph (a) of this\nsubdivision. Provided further that in the event that there is no transit\ndependent member serving and there is no vacancy to be filled by the\ngovernor without recommendation other than the chairperson, then upon a\nvacancy in a seat filled by the governor upon the recommendation of the\nmayor of the city of New York, the mayor of the city of New York shall\nrecommend a transit dependent individual to fill the vacancy, consistent\nwith paragraph (a) of this subdivision.\n (c) (i) Notwithstanding any inconsistent provision of this section,\nthe term of any member shall expire upon the expiration of the term in\noffice being served by the county elected official upon whose\nrecommendation they were appointed; provided, however, that in such\ncircumstance such member may serve as a holdover appointee for sixty\ndays, or until such time as a new member is appointed, whichever is\nless. The term of any member appointed to replace such a holdover\nappointee shall expire at the end of the term in office of the county\nelected official upon whose recommendation such member was appointed. If\na county elected official leaves office because of death, resignation,\nremoval or disability, however, a member appointed upon such official's\nrecommendation shall continue to serve until such time as such county\nelected office is filled, at which time such member will become a\nholdover appointee and may serve for sixty days, or until such time as a\nnew member is appointed, whichever is less.\n (ii) Notwithstanding any inconsistent provision of this section, the\nterm of any chairman or any member shall expire upon the expiration of\nthe term in office being served by the city or state elected official\nupon whose recommendation they were appointed; provided, however, that\nin such circumstance the chairman or such member may serve as a holdover\nappointee until such time as a new chairman or member is appointed. The\nterm of any chairman or member appointed to replace such a holdover\nappointee shall expire at the end of the term in office of the city or\nstate elected official upon whose recommendation such chairman or member\nwas appointed.\n 2. The chairman and the first vice chairman shall be paid a salary in\nthe amount determined by the authority; the other members shall not\nreceive a salary or other compensation. Each member, including the\nchairman and the first vice chairman, shall be entitled to reimbursement\nfor actual and necessary expenses incurred in the performance of his or\nher official duties.\n 3. (a) A majority of the whole number of members of the authority then\nin office shall constitute a quorum for the transaction of any business\nor the exercise of any power of the authority. Except as otherwise\nspecified in this title, for the transaction of any business or the\nexercise of any power of the authority, the authority shall have power\nto act by a majority vote of the members present at any meeting at which\na quorum is in attendance and except further, that in the event of a tie\nvote the chairman shall cast one additional vote.\n (b) For purposes of determining the presence of a quorum, and for\npurposes of participation on any committee or subcommittee, those\nmembers who collectively cast a single vote pursuant to the provisions\nof paragraph (a) of subdivision one of this section shall be considered\nto be a single member, and the presence of such member shall be\ndetermined as provided in this subdivision. Except as otherwise provided\nin a by-law adopted as hereinafter provided, such single member\nconstituting those members entitled to a collective vote shall be deemed\npresent as a single member for purposes of a quorum if one or more of\nthe members then in office entitled to cast such collective vote is\npresent, and such collective vote shall be cast in accordance with the\nmajority agreement of the members entitled to a collective vote who are\npresent or in the event a single member entitled to a collective vote is\npresent it shall be cast by that member. To evidence the existence of\nsuch majority agreement among the members entitled to a collective vote,\neach such member shall be polled as to his vote and such poll shall be\nrecorded in the minutes. In the event a majority vote is not achieved by\nthe members entitled to a collective vote who are present, then the vote\nshall not be cast. Nothing herein shall limit the right of an individual\nmember to participate in board meetings or in other activities of the\nauthority when the other members then in office entitled to collectively\ncast a vote are not present. At any meeting of the authority at which\nthere is a quorum including all the members then in office entitled to\ncast a collective vote, the authority may adopt a by-law or by-laws\nregulating the casting of such collective vote, provided all members\nthen in office entitled to cast a collective vote affirmatively approve\nsuch by-law or by-laws. Any action taken by the authority in accordance\nwith any such by-law or by-laws adopted pursuant to the provisions of\nthis paragraph shall take effect in the same manner as any other action\nof the authority. Any such by-law or by-laws shall not provide for the\ncasting of any fractional vote. Nor shall such a by-law or by-laws\nprovide for the amendment, repeal or adoption in the future of such a\nby-law or by-laws in a manner other than that set forth in this\nparagraph.\n (c) No provision of paragraph (b) of this subdivision relating to the\nadoption of certain by-laws by the authority shall affect the manner in\nwhich by-laws of the authority are adopted concerning any subject other\nthan the voting and presence for quorum purposes of the members from the\ncounties of Dutchess, Putnam, Orange and Rockland.\n (d) Notwithstanding the provisions of paragraph (a) of subdivision one\nof this section, any member appointed from the county of Dutchess,\nOrange, Putnam or Rockland prior to the increase in the number of\nmembers of the authority to include a member from each such county shall\ncontinue in office as the member from such counties pursuant to section\nfive of the public officers law until the appointment and confirmation\nof all of the new members from such counties pursuant to the provisions\nof this section, and no individual member exercising a collective vote\nappointed and confirmed pursuant to paragraph (a) of subdivision one of\nthis section shall take office until all such new members are appointed\nand confirmed.\n 4. (a) Notwithstanding any provision of law to the contrary, the\nchairman shall be the chief executive officer of the authority and shall\nbe responsible for the discharge of the executive and administrative\nfunctions and powers of the authority. The chairman may appoint an\nexecutive director and such other officials and employees as shall in\nhis or her judgment be needed to discharge the executive and\nadministrative functions and powers of the authority.\n * (b) The chairman shall establish committees to assist him in the\nperformance of his duties and shall appoint members of the authority to\nsuch committees. Among such committees, there shall be a committee on\noperations of the New York city transit authority, the Manhattan and\nBronx surface transit operating authority and the Staten Island rapid\ntransit operating authority; a committee on operations of the Long\nIsland Rail Road and the metropolitan suburban bus authority; a\ncommittee on operations of the Metro-North commuter railroad; a\ncommittee on operations of the Triborough bridge and tunnel authority; a\ncommittee on finance; a committee on capital program oversight; and a\ncommittee on safety. In addition to such appointed members, each of the\nnon-voting members referred to in subparagraph two of paragraph (a) of\nsubdivision one of this section shall serve on the committee on capital\nprogram oversight, the committee on finance, the committee on safety,\nthe committee on operations of the Triborough bridge and tunnel\nauthority, and the operations committee relevant to the commuter council\nthat recommended such member. The alternate non-voting members shall\neach serve on the respective operations committee relevant to the\ncommuter council that recommended each member. The committee on capital\nprogram oversight and the committee on safety shall include not less\nthan three members, and shall include the chairpersons of the committee\non operations of the New York city transit authority, the Manhattan and\nBronx surface transit operating authority and the Staten Island rapid\ntransit operating authority, the committee on operations of the Long\nIsland Rail Road and the metropolitan suburban bus authority, and the\ncommittee on operations of the Metro-North commuter railroad. The\ncommittee on safety shall convene at least once annually and each\ncommittee chairperson, that is a member of the committee on safety,\nshall report to the committee on safety any and all initiatives,\nconcerns, improvements, or failures involving the safety of: (1)\ncustomers; (2) employees; and (3) the public at large, in relation to\nauthority facilities and services. The capital program committee shall,\nwith respect to any approved or proposed capital program plans, (i)\nmonitor the current and future availability of funds to be utilized for\nsuch plans approved or proposed to be submitted to the metropolitan\ntransportation capital program review board as provided in section\ntwelve hundred sixty-nine-b of this title; (ii) monitor the contract\nawards of the metropolitan transportation authority and the New York\ncity transit authority to insure that such awards are consistent with\n(A) provisions of law authorizing United States content and New York\nstate content; (B) collective bargaining agreements; (C) provisions of\nlaw providing for participation by minority and women-owned businesses;\n(D) New York state labor laws; (E) competitive bidding requirements\nincluding those regarding sole source contracts; and (F) any other\nrelevant requirements established by law; (iii) monitor the award of\ncontracts to determine if such awards are consistent with the manner in\nwhich the work was traditionally performed in the past provided,\nhowever, that any such determination shall not be admissible as evidence\nin any arbitration or judicial proceeding; (iv) review the relationship\nbetween capital expenditures pursuant to each such capital program plan\nand current and future operating budget requirements; (v) monitor the\nprogress of capital elements described in each capital program plan\napproved as provided in section twelve hundred sixty-nine-b of this\ntitle; (vi) monitor the expenditures incurred and to be incurred for\neach such element; and (vii) identify capital elements not progressing\non schedule, ascertain responsibility therefor and recommend those\nactions required or appropriate to accelerate their implementation. The\ncapital program committee shall issue a quarterly report on its\nactivities and findings, and shall in connection with the preparation of\nsuch quarterly report, consult with the state division of the budget,\nthe state department of transportation, the members of the metropolitan\ntransportation authority capital program review board and any other\ngroup the committee deems relevant, including public employee\norganizations, and, at least annually, with a nationally recognized\nindependent transit engineering firm. Such report shall be made\navailable to the members of the authority, to the members of the\nmetropolitan transportation authority capital program review board, and\nthe directors of the municipal assistance corporation for the city of\nNew York.\n * NB Effective until June 30, 2028\n * (b) The chairman shall establish committees to assist him in the\nperformance of his duties and shall appoint members of the authority to\nsuch committees. Among such committees, there shall be a committee on\noperations of the New York city transit authority, the Manhattan and\nBronx surface transit operating authority and the Staten Island rapid\ntransit operating authority; a committee on operations of the Long\nIsland Rail Road and the metropolitan suburban bus authority; a\ncommittee on operations of the Metro-North commuter railroad; a\ncommittee on operations of the Triborough bridge and tunnel authority; a\ncommittee on finance; a committee on capital program oversight; and a\ncommittee on safety. The committee on capital program oversight shall\ninclude not less than four members, and shall include the chairpersons\nof the committee on operations of the New York city transit authority,\nthe Manhattan and Bronx surface transit operating authority and the\nStaten Island rapid transit operating authority, the committee on\noperations of the Long Island Rail Road and the metropolitan suburban\nbus authority, the committee on operations of the Metro-North commuter\nrailroad, and the committee on safety. The committee on safety shall\nconvene at least once annually and each committee chairperson, that is a\nmember of the committee on safety, shall report to the committee on\nsafety any and all initiatives, concerns, improvements, or failures\ninvolving the safety of: (1) customers; (2) employees; and (3) the\npublic at large, in relation to authority facilities and services. The\ncapital program committee shall, with respect to any approved or\nproposed capital program plans, (i) monitor the current and future\navailability of funds to be utilized for such plans approved or proposed\nto be submitted to the metropolitan transportation capital program\nreview board as provided in section twelve hundred sixty-nine-b of this\ntitle; (ii) monitor the contract awards of the metropolitan\ntransportation authority and the New York city transit authority to\ninsure that such awards are consistent with (A) provisions of law\nauthorizing United States content and New York state content; (B)\ncollective bargaining agreements; (C) provisions of law providing for\nparticipation by minority and women-owned businesses; (D) New York state\nlabor laws; (E) competitive bidding requirements including those\nregarding sole source contracts; and (F) any other relevant requirements\nestablished by law; (iii) monitor the award of contracts to determine if\nsuch awards are consistent with the manner in which the work was\ntraditionally performed in the past provided, however, that any such\ndetermination shall not be admissible as evidence in any arbitration or\njudicial proceeding; (iv) review the relationship between capital\nexpenditures pursuant to each such capital program plan and current and\nfuture operating budget requirements; (v) monitor the progress of\ncapital elements described in each capital program plan approved as\nprovided in section twelve hundred sixty-nine-b of this title; (vi)\nmonitor the expenditures incurred and to be incurred for each such\nelement; and (vii) identify capital elements not progressing on\nschedule, ascertain responsibility therefor and recommend those actions\nrequired or appropriate to accelerate their implementation. The capital\nprogram committee shall issue a quarterly report on its activities and\nfindings, and shall in connection with the preparation of such quarterly\nreport, consult with the state division of the budget, the state\ndepartment of transportation, the members of the metropolitan\ntransportation authority capital program review board and any other\ngroup the committee deems relevant, including public employee\norganizations, and, at least annually, with a nationally recognized\nindependent transit engineering firm. Such report shall be made\navailable to the members of the authority, to the members of the\nmetropolitan transportation authority capital program review board, and\nthe directors of the municipal assistance corporation for the city of\nNew York.\n * NB Effective June 30, 2028\n (c) The chairman shall ensure that at every meeting of the board and\nat every meeting of each committee the public shall be allotted a period\nof time, not less than thirty minutes, to speak on any topic on the\nagenda.\n (d) Notwithstanding paragraph (c) of subdivision one of section\ntwenty-eight hundred twenty-four of this chapter or any other provision\nof law to the contrary, the chairman shall not participate in\nestablishing authority policies regarding the payment of salary,\ncompensation and reimbursement to, nor establish rules for the time and\nattendance of, the chief executive officer. The salary of the chairman,\nas determined pursuant to subdivision two of this section, shall also be\ncompensation for all services performed as chief executive officer.\n 5. The authority shall be a "state agency" for the purposes of\nsections seventy-three and seventy-four of the public officers law.\n 6. Notwithstanding any inconsistent provisions of this or any other\nlaw, general, special or local, no officer or employee of the state, or\nof any public corporation as defined in the general corporation law,\nshall be deemed to have forfeited or shall forfeit his office or\nemployment or any benefits provided under the retirement and social\nsecurity law or under any public retirement system maintained by the\nstate or any of its subdivisions by reason of his acceptance of\nmembership on or chairmanship of the authority; provided, however, a\nmember or chairman who holds such other public office or employment\nshall receive no additional compensation for services rendered pursuant\nto this title, but shall be entitled to reimbursement for his actual and\nnecessary expenses incurred in the performance of such services.\n 7. The governor may remove any member for inefficiency, neglect of\nduty, breach of fiduciary duty or misconduct in office after giving the\nmember a copy of the charges against the member and an opportunity to be\nheard, in person or by counsel in the member's defense, upon not less\nthan ten days' notice. If any member shall be so removed, the governor\nshall file in the office of the department of state a complete statement\nof charges made against such member, and his findings thereon, together\nwith a complete record of the proceedings.\n 8. The authority shall continue so long as it shall have bonds or\nother obligations outstanding and until its existence shall be\nterminated by law. Upon the termination of the existence of the\nauthority, all its rights and properties shall pass to and be vested in\nthe state.\n 9. Whenever the authority causes notices of hearings on proposed\nchanges in services or fares to be posted pursuant to this section or\nany statute, regulation, or authority policy, or where it voluntarily\nposts such notices, such notices shall: (a) be written in a clear and\ncoherent manner using words with common and every day meaning; (b) be\ncaptioned in large point type bold lettering with a title that fairly\nand accurately conveys the basic nature of such change or changes; (c)\nwhere such change involves a proposed change in levels of fare, include\nin its title the range of amounts of fare changes under consideration;\n(d) contain, to the extent practicable, a concise description of the\nspecific nature of the change or changes, including but not limited to a\nconcise description of those changes that affect the largest number of\npassengers; (e) where such change involves a change in the nature of a\nroute, contain, to the extent practicable, a clear graphic illustration\nof such change or changes; and (f) where such change involves a partial\nor complete station closing, such notice shall be posted at the affected\nstation with a clear graphic illustration depicting the nature of any\nclosing for such station.\n