§ 902 — Long Island market authority

New York § 902

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 5: Long Island Market Authority
• Art. 4: Market Authorities

Text

§ 902. Long Island market authority. 1. A public corporation to be\nknown as the "Long Island market authority" is hereby created for public\npurposes and charged with the duties and shall have the powers provided\nin this title. The authority shall be a body corporate and politic\nconstituting a public benefit corporation.\n 2. The governing body of the authority shall consist of a total of\nseven members, to be appointed and serve as follows:\n (a) The county executive, with the approval of the legislative body of\nthe county, shall appoint seven members. Members appointed by the county\nexecutive shall be residents of the county. Any member shall forfeit his\nor her membership on the governing body upon such member's termination\nof residence in such area, which forfeiture shall create a vacancy.\nThree members appointed by the county executive shall be appointed for a\nterm of office ending on December thirty-first of the third year\nfollowing the year in which this title shall have become law. Two\nmembers appointed by the county executive shall be appointed for a term\nof office ending on December thirty-first of the second year following\nthe year in which this title shall have become law. Two members\nappointed by the county executive shall be appointed for a term of\noffice ending on December thirty-first of the first year following the\nyear in which this title shall have become law. Subsequent appointments\nof members shall be made for a term of three years ending on December\nthirty-first of the last year of such term. All members shall continue\nto hold office until their successors are appointed and qualify.\n (b) Four members of the board shall be persons engaged in farming,\ncommercial fishing, the resale of farm produce or the resale of\ncommercial fishing products and deriving a greater part of their income\ntherefrom.\n (c) Failure to appoint any member shall not invalidate the creation or\nestablishment of the authority and shall result in the creation of a\nvacancy on the governing body of the authority which may be filled at\nany time by such party.\n (d) Vacancies shall be filled in the same manner as provided for the\noriginal appointment. Vacancies, occurring otherwise than by expiration\nof term of office shall be filled by appointment for the unexpired\nterms.\n (e) Members may be removed from office for inefficiency, neglect of\nduty or misconduct in office; provided, however, that such member shall\nbe given a copy of the charges against him or her and an opportunity to\nbe heard in person, or by counsel, in his or her defense upon not less\nthan ten days notice.\n 3. The members of the authority shall receive no compensation for\ntheir services but shall be reimbursed for their actual and necessary\nexpenses incurred in connection with the carrying out of the purposes of\nthis title; provided, however, that no member shall be reimbursed for\nany expense exceeding one thousand dollars incurred with respect to any\nindividual purpose unless the governing body at a meeting duly called\nand held when a quorum of four members are present shall have authorized\nthe incurrence of such expense by such member. The powers of the\nauthority shall be vested in and be exercised by the governing body at a\nmeeting duly called and held where a quorum of four members are present.\nNo action shall be taken except pursuant to the favorable vote of at\nleast four voting members. All votes must be made in person at a meeting\nand no vote may be made by proxy. The governing body may delegate to one\nor more of its members, officers, agents or employees such powers and\nduties as it may deem proper.\n 4. The officers of the authority shall consist of a chair, a\nvice-chair, a treasurer and a secretary, who need not be a member of the\nauthority. Such officers shall be appointed by the governing body and\nshall serve in such capacities at the pleasure of the governing body. In\naddition to the secretary, the governing body may appoint and at\npleasure remove such additional officers and employees as it may\ndetermine necessary for the performance of the powers and duties of the\nauthority and fix and determine their qualifications, duties and\ncompensation, subject to the provisions of the civil service law. The\ngoverning body may also from time to time contract for expert\nprofessional services. The treasurer shall execute a bond, conditioned\nupon the faithful performance of the duties of his or her office, the\namount and sufficiency of which shall be approved by the governing body\nand the premium therefor shall be paid by the authority.\n 5. Notwithstanding any inconsistent provision of any general, special\nor local law, ordinance, resolution or charter, no officer, member or\nemployee of the state, any municipality, or any public benefit\ncorporation, shall forfeit his or her office or employment by reason of\nhis or her acceptance of appointment as a member, officer, agent or\nemployee of the authority, nor shall service as such member, officer, or\nemployee be deemed incompatible or in conflict with such office,\nmembership or employment.\n 6. (a) The county executive shall file on or before December\nthirty-first of the year in which this title shall have become a law, in\nthe office of the secretary of state, a certificate signed by such\ncounty executive setting forth: (1) the name of the authority; (2) the\nnames of the members appointed by the county executive and their terms\nof office; and (3) the effective date of this title.\n (b) Except as provided in paragraph (a) of this subdivision, the\nauthority and its corporate existence shall continue until terminated by\nlaw, provided, however, that no such law shall take effect so long as\nthe authority shall have bonds or other obligations outstanding unless\nadequate provision has been made for the payment or satisfaction\nthereof. Upon termination of the existence of the authority, all of the\nrights and properties of the authority then remaining shall pass to and\nvest jointly in the cities, towns and villages in the service area in\nsuch a manner as prescribed by law.\n 7. It is hereby determined and declared that the authority and the\ncarrying out of its powers and duties are in all respects for the\nbenefit of the people of the service area and the state for the\nimprovement of their health, welfare and prosperity and that such\npurposes are public purposes and that the authority is and will be\nperforming an essential governmental function in the exercise of the\npowers conferred upon it by this title.\n 8. Nothing in this title shall be construed to obligate the state in\nany way in connection with the operations or obligations of the\nauthority.\n