§ 50 — New York state public authorities control board; creation; procedure

New York § 50

• Jurisdiction: New York
• Law PBA: Public Authorities
• Art. 1-A: New York State Public Authorities Control Board

Text

§ 50. New York state public authorities control board; creation;\nprocedure. 1. The New York state public authorities control board is\nhereby created to have and exercise the powers, duties and prerogatives\nprovided by the provisions of this chapter and any other provision of\nlaw.\n 2. The membership of the board shall consist of five persons appointed\nby the governor, of which one shall be upon the recommendation of the\ntemporary president of the senate, one upon the recommendation of the\nspeaker of the assembly, one upon the recommendation of the minority\nleader of the senate and one upon the recommendation of the minority\nleader of the assembly. The members appointed by the governor upon the\nrecommendation of the minority leader of the senate and the minority\nleader of the assembly shall be non-voting members whose comments shall\nbe entered upon any official record of board proceedings in the same\nmanner as voting members' comments, unless objection is raised by any of\nthe voting members in which case, notwithstanding any provision of law\nto the contrary, such comments by non-voting members shall not be so\nentered. The term of the members first appointed shall continue until\nJanuary thirty-first, nineteen hundred seventy-seven, except that the\nterm of the members first appointed upon the recommendations of the\nminority leader of the senate and the minority leader of the assembly\nshall continue until January thirty-first, nineteen hundred eighty-four,\nand thereafter their successors shall serve for a term of one year\nending on January thirty-first in each year. Upon recommendation of the\nnominating party, the governor may replace any member in accordance with\nthe provision contained herein for the appointment of members. The\ngovernor shall designate one of the members to serve as chairman. The\nboard shall act by unanimous vote of the voting members of the board.\nAny determination of the board shall be evidenced by a certification\nthereof executed by all the voting members. Each member of the board\nshall be entitled to designate a representative to attend meetings of\nthe board in his place, and to vote or otherwise act on his behalf in\nhis absence. Notice of such designation shall be furnished in writing to\nthe board by the designating member. A representative shall serve at the\npleasure of the designating member during the member's term of office. A\nrepresentative shall not be authorized to delegate any of his duties or\nfunctions to any other person.\n 3. Notwithstanding any inconsistent provisions of law, general,\nspecial or local, no officer or employee of the state, of any political\nsubdivision of the state, of any governmental entity operating any\npublic school or college or of any other public agency or\ninstrumentality or unit of government which exercises governmental\npowers under the laws of the state, shall forfeit such office or\nemployment by reason of acceptance or appointment as a member,\nrepresentative, officer, employee or agent of the board nor shall\nservice as such member, representative, officer, employee or agent of\nthe board be deemed incompatible or in conflict with such office or\nemployment. The members, their representatives, officers and staff to\nthe board shall be deemed employees within the meaning of section\nseventeen of the public officers law.\n 4. The members of the board shall serve without salary or per diem\nallowance but shall be entitled to reimbursement for actual and\nnecessary expenses incurred in the performance of official duties\npursuant to this section or other provision of law, provided however\nthat such members and representatives are not, at the time such expenses\nare incurred, public employees otherwise entitled to such reimbursement.\n