§ 1802 — New York job development authority

§ 1802. New York job development authority. 1. There is hereby created\nthe "New York job development authority." The authority shall be a body\ncorporate and politic constituting a public benefit corporation. Its\nmembers shall consist of the commissioner of economic development, the\ncommissioner of labor, the commissioner of agriculture and markets, and\nthe superintendent of financial services, serving ex officio, and seven\nmembers to be appointed by the governor with the advice and consent of\nthe senate. Each member appointed by the governor shall be a citizen of\nthe United States and a resident of the state.\n 1-a. The commissioner of economic development, the commissioner of\nlabor, the commissioner of agriculture and markets, and the\nsuperintendent of financial services each may designate a person from\nhis department to represent him at all meetings of the authority from\nwhich such member may be absent. Any representative so designated shall\nhave the power to attend and to vote at any meeting of the authority\nfrom which the member so designating him is absent, with the same force\nand effect as if the member designating him were present and voting.\nSuch designation shall be by written notice to the chairman by the\nmember making the designation. Such designation shall not limit the\npower of the member making the designation to attend and vote in person\nat any meeting of the authority.\n 2. Members shall continue in office until the expiration of their\nterms and until their successors have been appointed and confirmed.\nPersons appointed for full terms as their successors shall serve for\nfour years each commencing as of January first. In the event of a\nvacancy occurring in the office of a member by death, resignation or\notherwise, the governor shall appoint a successor with the advice and\nconsent of the senate to serve for the balance of the unexpired term.\n 3. The members of the authority shall serve without salary or other\ncompensation, but each member shall be entitled to reimbursement for\nactual and necessary expenses incurred in the performance of his or her\nofficial duties.\n 4. The members of the authority may engage in private employment, or\nin a profession or business, subject to the limitations contained in\nsections seventy-three and seventy-four of the public officers law. The\nauthority shall, for the purposes of such sections, be a "state agency",\nand such members shall be "officers" of the agency for the purposes of\nsaid sections. In addition, the authority may adopt such standards and\nprocedures as it considers necessary to ensure compliance with the\nprovisions of sections seventy-three and seventy-four of the public\nofficers law.\n 5. Notwithstanding any inconsistent provisions of law, general,\nspecial or local, no officer or employee of the state, or of any civil\ndivision thereof, shall be deemed to have forfeited or shall forfeit his\noffice or employment by reason of his acceptance of membership on the\nauthority created by this section, provided, however, that a member who\nholds such other public office or employment shall receive no additional\ncompensation or allowance for services rendered pursuant to this title,\nbut shall be entitled to reimbursement for his actual and necessary\nexpenses incurred in the performance of such services.\n 6. 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 such member\nshall be removed, the governor shall file in the office of the\ndepartment of state a complete statement of charges made against such\nmember, and his findings thereon, together with a complete record of the\nproceedings.\n 7. The commissioner of economic development shall be the chairman of\nthe authority and shall preside over all meetings of the authority and\nshall have such other duties as the authority may direct. A\nvice-chairman may be elected by the authority from among its other\nmembers for one or more terms of one year each. The vice-chairman shall\npreside over all meetings of the authority in the absence of the\ncommissioner of economic development and shall have such other duties as\nthe authority may direct.\n 8. Six members of the authority shall constitute a quorum for the\ntransaction of any business or the exercise of any power or function of\nthe authority. Resolutions authorizing the issuance of bonds or notes of\nthe authority and resolutions authorizing the granting of mortgage loans\nshall be approved by not less than six members of the authority at a\nmeeting duly called for such purpose, but for the transaction of any\nother business or the performance of any other power or function of the\nauthority, the authority may act by a majority of the members present at\nany meeting at which a quorum is in attendance.\n 8-a. Determination on mortgage loan applications. The chairman of the\nauthority shall convene meetings for the transaction of business or the\nexercise of any power or function of the authority at regular intervals,\nand whenever prudent and practical, the authority shall render a\ndetermination on an application for a mortgage loan and notify the\napplicant of the determination within four weeks of the receipt of such\ncompleted application. In the event that a determination cannot be\nreached within the four week period, the authority shall submit to the\napplicant a statement of the reasons for such delay upon or prior to the\nexpiration of such four week period.\n 9. The authority may appoint such persons to serve as officers of the\nauthority as it may deem advisable, including a president and a counsel,\nand such employees as it deems advisable, and may prescribe their duties\nand fix their compensation, subject to the civil service law and the\nrules and regulations of the civil service commission of the state.\n 10. The authority may appoint one or more advisory committees\nconsisting of not more than seven members each to consider and advise\nthe authority upon all matters submitted to them by the authority and to\nrecommend to the authority such changes in the administration of this\ntitle and the operations of the authority as the advisory committee may\ndeem desirable. Members of advisory committees shall serve without\nsalary for such terms, not to exceed four years, as the authority may\ndetermine. Each member of an advisory committee shall be entitled to\nreimbursement for his actual and necessary travel expenses incurred in\nthe performance of his duties.\n