§ 3853 — Administration of the authority

§ 3853. Administration of the authority. 1. The authority shall be\nadministered by nine directors, seven of which shall be appointed by the\ngovernor. Of the seven directors, one such director shall be a resident\nof the city of Buffalo; one such director shall be appointed following\nthe recommendation of the state comptroller; and one such director shall\nbe appointed on the joint recommendation of the temporary president of\nthe senate and the speaker of the assembly. The mayor and the county\nexecutive shall serve as ex officio members. Every director, who is\notherwise an elected official of the city or county, shall be entitled\nto designate a single representative to attend, in his or her place,\nmeetings of the authority and to vote or otherwise act in his or her\nbehalf. Such designees shall be residents of the city of Buffalo.\nWritten notice of such designation shall be furnished prior to any\nparticipation by the single designee. Such single designee shall serve\nat the pleasure of the representative, and shall not be authorized to\ndelegate any of his or her duties or functions to another person. Each\ndirector appointed by the governor shall be appointed for a term of four\nyears, provided however, that four of the directors first appointed by\nthe governor, including the director appointed following the\nrecommendation of the state comptroller shall serve for a term ending\nJune thirtieth, two thousand seven, and the remaining three directors\nfirst appointed by the governor including the director appointed on the\njoint recommendation of the temporary president of the senate and the\nspeaker of the assembly and shall serve for a term ending June\nthirtieth, two thousand nine. Each director shall hold office until his\nor her successor has been appointed and qualified. Thereafter, each\ndirector shall serve a term of four years, except that any director\nappointed to fill a vacancy shall serve only until the expiration of his\nor her predecessor's term.\n 2. The governor shall designate a chairperson and a vice-chairperson\nfrom among the directors. The chairperson shall preside over all\nmeetings of the directors and shall have such other duties as the\ndirectors may prescribe. The vice-chairperson shall preside over all\nmeetings of the directors in the absence of the chairperson and shall\nhave such other duties as the directors may prescribe.\n 3. The directors of the authority shall serve without salary, but each\ndirector shall be reimbursed for actual and necessary expenses incurred\nin the performance of such director's official duties as a director of\nthe authority.\n 4. Notwithstanding any inconsistent provision of any general, special\nor local law, ordinance, resolution or charter, no officer, member or\nemployee of the state, any city, county, town or village, any\ngovernmental entity operating any public school or college, any school\ndistrict or any other public agency or instrumentality which exercises\ngovernmental powers under the laws of the state, shall forfeit his or\nher office or employment by reason of his or her acceptance of\nappointment as a director, officer or employee of the authority, nor\nshall service as such director, officer or employee of the authority be\ndeemed incompatible or in conflict with such office or employment.\n 5. Five directors shall constitute a quorum for the transaction of any\nbusiness or the exercise of any power of the authority. No action shall\nbe taken by the authority except pursuant to a favorable vote of at\nleast five directors participating in a meeting at which such action is\ntaken.\n 6. The authority shall appoint a treasurer and may appoint officers\nand agents as it may require and prescribe their duties.\n 7. At least annually, commencing no more than one year after the date\non which authority bonds, notes or other obligations are first issued,\nthe authority shall report to the council, comptroller, the director of\nthe budget, and the state comptroller on the amount of financing and the\ncost savings for the city over the past year.\n 8. The authority shall cease to exist on June thirtieth, two thousand\nthirty-seven.\n