§ 1299-C — Niagara Frontier transportation authority

1299-c. Niagara Frontier transportation authority. 1. (a) There is\nhereby created the "Niagara Frontier transportation authority." The\nauthority shall be a body corporate and politic constituting a public\nbenefit corporation. The authority shall consist of a chairman, ten\nvoting members and shall have one non-voting member as described in\nparagraph (b) of this subdivision appointed by the governor by and with\nthe advice and consent of the senate. The chairman and all members shall\nbe residents of the district. Of the ten voting members other than the\nchairman, one shall be appointed upon the written recommendation of the\nErie county executive, one shall be appointed upon the written\nrecommendation of the Erie county legislature, and at least one shall be\na transit dependent individual. The chairman and each of the members\nshall be appointed for a term of eight years, provided however, that the\nchairman first appointed shall serve for a term ending June thirtieth,\nnineteen hundred seventy-three, and of the eight other members first\nappointed, one shall serve for a term ending June thirtieth, nineteen\nhundred sixty-eight, two shall serve for a term ending June thirtieth,\nnineteen hundred sixty-nine, one shall serve for a term ending June\nthirtieth, nineteen hundred seventy, two shall serve for a term ending\nJune thirtieth, nineteen hundred seventy-one, one shall serve for a term\nending June thirtieth, nineteen hundred seventy-two and one shall serve\nfor a term ending June thirtieth, nineteen hundred seventy-three. The\nterm of one of the members appointed to memberships first created by law\nafter April first, nineteen hundred sixty-nine shall end on June\nthirtieth, nineteen hundred seventy-four, and the term of the other such\nmember shall end on June thirtieth, nineteen hundred seventy-five.\nFollowing the expiration of any term ending on or after June thirtieth,\nnineteen hundred eighty-seven, each member shall be appointed for a term\nof five years beginning on the day after the expiration date of such\nprior term; provided, however, that the term of the member first\nappointed upon the written recommendation of the Erie county executive\nand the term of the member first appointed upon the written\nrecommendation of the Erie county legislature shall be for a term ending\non June thirtieth, nineteen hundred ninety-six.\n (b) The non-voting member of the authority, who shall not be\nconsidered in determining a quorum, shall be recommended to the governor\nby the labor organization representing the plurality of the employees\nwithin the authority and shall be a resident of the Niagara Frontier\ntransportation district as described in section twelve hundred\nninety-nine-b of this title. Such non-voting member shall be appointed\nfor a term of five years, provided, however, that if at any time during\nthe term of appointment such non-voting member ceases to be affiliated\nwith the labor organization representing the plurality of employees\nwithin the authority, then such labor organization may at any time\nduring such term recommend a new member to the governor who shall serve\nthe remainder of the term. If the local bargaining unit decertifies its\nexisting union affiliation and certifies a new union, the union which\nrepresents the plurality of the employees may recommend a new member to\nthe governor who shall serve the remainder of the term. The chairman of\nthe authority, at his or her discretion, may exclude such non-voting\nmember from attending any portion of a meeting of the authority or of\nany committee held for the purpose of discussing negotiations with labor\norganizations, pending litigation involving the labor organization, or\nthe investigation, evaluation, or discipline of an employee.\n (c) The transit dependent individual appointed pursuant to paragraph\n(a) of this subdivision shall be appointed by the governor. Such member\nshall be a resident of a county described in paragraph (a) of this\nsubdivision. If a vacancy shall occur, a replacement shall be appointed\nwithin six months, subject to the same appointment process set forth in\nthis paragraph. Any local or statewide transit advocacy organization may\nrecommend one or more transit dependent individuals to be considered for\nappointment pursuant to this section.\n 2. The members of the authority, including the chairman shall not\nreceive a salary or other compensation. Upon formal adoption of policies\nand guidelines by the authority, each member, including the chairman,\nshall be entitled to reimbursement for actual and necessary expenses\nincurred in the performance of official duties.\n 3. A majority of the whole number of members of the authority then in\noffice shall constitute a quorum for the transaction of any business or\nthe 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 of the members present at any meeting at which a\nquorum is in attendance.\n 4. The chairman shall preside over the board and shall establish\ncommittees to assist the board in carrying out its duties, including but\nnot limited to a committee on operations and personnel; a committee on\nfinance and audit; and a committee on capital planning. The chairman\nshall appoint members of the authority to such committees.\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\nchairman who holds such other public office or employment shall receive\nno additional compensation for services rendered pursuant to this title,\nbut the members and chairman shall be entitled to reimbursement for\ntheir actual and necessary expenses incurred in the performance of such\nservices.\n 7. The governor may remove any member for inefficiency, neglect of\nduty or misconduct in office after giving him a copy of the charges\nagainst him and an opportunity to be heard, in person or by counsel in\nhis defense, upon not less than ten days' notice. If any member shall be\nso removed, the governor shall file in the office of the department of\nstate a complete statement of charges made against such member, and his\nfindings thereon, together with 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, except that the Buffalo projects, together with all property\nand assets held and acquired by the authority or by the Niagara Frontier\nport authority in connection therewith, shall thereupon become the\nproperty of and shall be under the jurisdiction, control and possession\nof the city of Buffalo. As used herein, the Buffalo projects shall mean\n(a) the greater Buffalo international airport; (b) the Buffalo municipal\npiers project formerly owned and operated by the city of Buffalo at the\nfoot of Michigan avenue on the Buffalo harbor, in the city of Buffalo;\nand (c) the Buffalo small boat harbor project formerly owned and\noperated by the city of Buffalo for the mooring of small craft and\nboats, located on Fuhrmann boulevard and the Buffalo harbor, in the city\nof Buffalo.\n 9. Notwithstanding the provisions of paragraph eight of this section\nor any other provisions of law, the authority may purchase and the city\nof Buffalo may sell its reversionary interests in any of the projects\nmentioned in paragraph eight of this section and in such event, upon\ntermination of the authority by law, any project so acquired shall\nrevert to and become the property of the state.\n