§ 1328 — Central New York regional transportation authority

§ 1328. Central New York regional transportation authority. 1. (a)\nThere is hereby created the central New York regional transportation\nauthority. The authority shall be a body corporate and politic\nconstituting a public benefit corporation. It shall consist of not more\nthan twelve 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 not less than six names, submitted to the governor by the common\ncouncil of the city of Syracuse, five members from a list of not less\nthan ten names, submitted by the legislature of the county of Onondaga\nand two members shall be appointed from a list of not less than four\nnames submitted by the legislature of the county of Oneida. Other\ncounties electing to participate shall each submit to the governor a\nlist of not less than two persons for each one hundred thousand or major\nfraction of the total population, as determined by the nineteen hundred\nseventy or any subsequent federal decennial or federal county-wide\nspecial census, of the counties outside the county of Onondaga which\nshall elect to participate, from which number the governor shall appoint\none member for each one hundred thousand or major fraction of the total\npopulation, as determined by such federal decennial or federal\ncounty-wide special census, with a maximum of three members to represent\nsuch counties outside the county of Onondaga so electing to participate.\nIn addition to the members specified above, the governor shall appoint a\ntransit dependent individual as a voting member who resides within a\ncounty within the district. Any local or statewide transit advocacy\norganization may recommend one or more transit dependent individuals to\nbe considered for appointment pursuant to 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. The non-voting member shall be appointed for a\nterm of seven years, provided, however, that if at any time during the\nterm of appointment the non-voting member ceases to be affiliated with\nthe labor organization representing the plurality of employees within\nthe authority, then such labor organization may at any time during such\nterm recommend a new member to the governor who shall serve the\nremainder 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 2. The members of the authority shall continue in office until their\nsuccessors are appointed and shall have qualified. One member\nrecommended by the common council of the city of Syracuse and one member\nrecommended by the legislature of the county of Onondaga shall be\nappointed for terms ending July thirty-first, nineteen hundred\nseventy-five; one member recommended by the common council of the city\nof Syracuse and two members recommended by the legislature of the county\nof Onondaga shall be appointed for terms ending July thirty-first,\nnineteen hundred seventy-six; and one member recommended by the common\ncouncil of the city of Syracuse and two members recommended by the\nlegislature of the county of Onondaga shall be appointed for terms\nending July thirty-first, nineteen hundred seventy-seven. The member (or\nmembers) who is (or are) recommended by the other county legislatures or\nboard of supervisors shall be appointed for a term (or terms) of seven\nyears, but all terminating on the thirty-first day of July of the\nseventh year. Thereafter, upon expiration of the term of a member of the\nauthority a successor shall be appointed by the governor for a term\nexpiring seven years after the expiration of the term of his\npredecessor. If a vacancy shall occur by reason of death,\ndisqualification, resignation or removal of a member, the successor\nshall be appointed by the governor for the unexpired term. Persons\nsucceeding members recommended by the appropriate legislative bodies of\nthe city of Syracuse and the counties of Onondaga and Oneida on the\nauthority shall be appointed by the same procedure as the original\nappointments. The same procedure shall be followed for the filling of\nvacancies of members appointed from other counties. Members of the\nauthority shall, before entering upon the duties of their office, take\nthe constitutional oath of office and file the same in the office of the\nsecretary of state.\n 3. The members of the authority shall not receive a salary or other\ncompensation when rendering service as a member, but each member shall\nbe entitled to reimbursement of actual and necessary expenses incurred\nin the performance of his or her official 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 transportation district may do so by resolution adopted by a\nmajority of the membership of its governing body and such election by a\ncounty shall take effect upon the filing of a duly certified copy of\nsuch resolution with the authority and with the secretary of state, and\nthe mailing of a certified copy thereof to the county clerk of each\ncounty which is granted the power of election under the provisions of\nthis act.\n