§ 1303 — Capital District transportation authority

New York § 1303

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 11-C: Capital District Transportation Authority
• Art. 5: Public Utility Authorities

Text

§ 1303. Capital District transportation authority. 1. (a) There is\nhereby created the Capital District transportation authority. The\nauthority shall be a body corporate and politic constituting a public\nbenefit corporation. It shall consist of not less than eight nor more\nthan fifteen members, including a chairman and shall have one non-voting\nmember as described in paragraph (b) of this subdivision. At least one\nvoting member shall be a transit dependent individual who shall be\nappointed by the governor. If a vacancy occurs for such transit\ndependent individual member position, a replacement shall be appointed\nwithin six months, subject to the same appointment process within this\nparagraph. The members shall be appointed by the governor by and with\nthe advice and consent of the senate. The governor shall make initial\nappointments to the authority in such number and from lists submitted as\nfollows: three members shall be appointed to the authority from a list\nof six names, all of whom shall be residents of the county of Albany,\nfour of which names shall be submitted to the governor by the majority\nparty of the legislature of the county of Albany and two of which names\nshall be submitted by the minority party of such legislature; two\nmembers shall be appointed to the authority from a list of four names,\nall of whom shall be residents of the county of Schenectady, three of\nwhich names shall be submitted to the governor by the majority party of\nthe legislature of the county of Schenectady and one of which names\nshall be submitted by the minority party of such legislature; two\nmembers shall be appointed to the authority from a list of four names,\nall of whom shall be residents of the county of Rensselaer, three of\nwhich names shall be submitted to the governor by the majority party of\nthe legislature of the county of Rensselaer and one of which names shall\nbe submitted by the minority party of such legislature; two members\nshall be appointed to the authority from a list of four names, all of\nwhom shall be residents of the county of Saratoga, three of which names\nshall be submitted to the governor by the majority party of the\nlegislature of the county of Saratoga and one of which names shall be\nsubmitted by the minority party of such legislature. Other counties\nelecting to participate shall each submit to the governor a list of two\npersons each of whom shall be a resident of such county, one of which\nnames shall be submitted to the governor by the majority party of the\nlegislature of such county and one of which names shall be submitted by\nthe minority party of such legislature, from which number the governor\nshall appoint one member for each such county so electing to\nparticipate. In addition to the members representing each county, the\ngovernor shall appoint one voting member who is a transit dependent\nindividual who resides in a county within the district. Any local or\nstatewide transit advocacy organization may recommend one or more\ntransit dependent individuals to be considered for appointment pursuant\nto this section.\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 Capital District\ntransportation district as described in section thirteen hundred two of\nthis title. The non-voting member shall be appointed for a term of five\nyears, provided, however, that if at any time during the term of\nappointment the non-voting member ceases to be affiliated with the labor\norganization representing the plurality of employees within the\nauthority, then such labor organization may at any time during such term\nrecommend a new member to the governor who shall serve the remainder of\nthe term. If the local bargaining unit decertifies its existing union\naffiliation and certifies a new union, the union which represents the\nplurality of the employees may recommend a new member to the governor\nwho shall serve the remainder of the term. The chairman of the\nauthority, at his or her discretion, may exclude such non-voting member\nfrom attending any portion of a meeting of the authority or of any\ncommittee 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 2. The members of the authority shall continue in office until their\nsuccessors are appointed and shall have qualified. One of the members\nappointed from the county of Albany shall be appointed for a term ending\nJuly thirty-first, nineteen hundred seventy-two; one of the members\nappointed from the counties of Albany, Schenectady, Rensselaer and\nSaratoga, respectively, shall be appointed for terms ending July\nthirty-first, nineteen hundred seventy-three, respectively; one of the\nmembers appointed from the counties of Albany, Schenectady, Rensselaer\nand Saratoga, respectively, shall be appointed for terms ending July\nthirty-first, nineteen hundred seventy-four, respectively. The member\n(or members) who is (or are) appointed from the other counties shall be\nappointed for a term (or terms) of five years, but all terminating on\nthe thirty-first day of July of the fifth year. Thereafter, upon\nexpiration of the term of a member of the authority a successor shall be\nappointed by the governor for a term expiring five years after the\nexpiration of the term of his predecessor. If a vacancy shall occur by\nreason of a death, disqualification, resignation or removal of a member,\nthe successor shall be appointed by the governor for the unexpired term\nof, from the same area and by the same procedure as his predecessor.\nMembers of the authority shall, before entering upon the duties of their\noffice, take the constitutional oath of office and file the same in the\noffice of the secretary of state. No person while serving in any\nelective office shall be eligible to serve as a member of the authority.\n 3. The members of the authority shall not receive a salary or other\ncompensation, but each member shall be entitled to reimbursement of\nactual and necessary expenses incurred in the performance of his or her\nofficial duties.\n 4. A majority of the whole number of members of the authority shall\nconstitute a quorum for the transaction of business or the exercise of\nany power of the authority. Except as otherwise specified in this act,\nfor the transaction of any business or the exercise of any power of the\nauthority, the authority shall have power to act by a majority of the\nmembers present at any meeting at which a quorum is in attendance.\n 5. The authority shall organize by the selection from its members of a\nchairman, vice-chairman and secretary. It shall adopt such rules as it\nmay deem necessary and proper for the government of its own proceedings,\nand shall keep a record of such proceedings.\n 6. The authority shall be a "state agency" for the purposes of\nsections seventy-three and seventy-four of the public officers law.\n 7. Notwithstanding any inconsistent provision 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 be entitled to reimbursement for his actual and necessary expenses\nincurred in the performance of such services.\n 8. 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 9. 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 10. Each of the counties that elect to become participating members of\nthe Capital District transportation district may do so by resolution\nadopted by a majority of the membership of its governing body and such\nelection by a county shall take effect upon the filing of a duly\ncertified copy of such resolution with the authority and with the\nsecretary of state, and the mailing of a certified copy thereof to the\ncounty clerk of each county which is granted the power of election under\nthe provisions of this act.\n