§ 1942 — Upper Mohawk Valley memorial auditorium authority

New York § 1942

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 10-B: Upper Mohawk Valley Memorial Auditorium Authority
• Art. 8: Miscellaneous Authorities

Text

§ 1942. Upper Mohawk Valley memorial auditorium authority. 1. A public\ncorporation, to be known as the "Upper Mohawk Valley memorial auditorium\nauthority" is hereby created for the public purposes and charged with\nthe duties and having the powers provided in this title. The authority\nshall be a body corporate and politic constituting a public benefit\ncorporation. The governing body of the authority shall consist of a\ntotal of seven members until January thirty-first, two thousand\nnineteen, three of whom shall be appointed by the county executive,\nwithout confirmation of the county legislature, and four of whom shall\nbe appointed by the county legislature, without county executive right\nto veto. The first members appointed by the county executive shall be\nappointed for the following terms of office: one for a term ending on\nDecember thirty-first of the first year following the year in which this\ntitle shall have become law, one for a term ending on December\nthirty-first of the third year following the year in which this title\nshall have become law and one for a term ending on December thirty-first\nof the fifth year following the year in which this title shall have\nbecome law. The first members appointed by the county legislature shall\nbe appointed for the following terms of office: one for a term ending on\nDecember thirty-first of the first year following the year in which this\ntitle shall have become law, one for a term ending on December\nthirty-first of the third year following the year in which this title\nshall have become law, and two for a term ending on December\nthirty-first of the fifth year following the year in which this title\nshall have become law. Commencing February first, two thousand nineteen,\nthe governing body of the authority shall consist of a total of nine\nmembers, five of whom shall be appointed by the county executive,\nwithout confirmation of the county legislature, and four of whom shall\nbe appointed by the county legislature, without county executive right\nto veto. The seven members appointed to the board prior to February\nfirst, two thousand nineteen, shall continue their existing five year\nterms pursuant to this section. The fourth member appointed by the\ncounty executive shall be for a term ending on December thirty-first,\ntwo thousand twenty-one. The fifth member appointed by the county\nexecutive shall be for a term ending on December thirty-first, two\nthousand twenty-two. Subsequent appointments of members shall be made\nfor a term of five years ending in each case on December thirty-first of\nthe last year of such term. All members shall continue to hold office\nuntil their successors are appointed and qualify. Vacancies shall be\nfilled in the manner provided for original appointment. Vacancies,\noccurring otherwise than by expiration of term of office, shall be\nfilled by appointment for the unexpired terms. Members may be removed\nfrom office by the party which appointed such member for inefficiency,\nneglect of duty or misconduct in office; provided, however, that such\nmember shall be given a copy of the charges against him or her and an\nopportunity of being heard in person, or by counsel, in his or her\ndefense upon not less than ten days notice. The members of the authority\nshall receive no compensation for their services, but shall be\nreimbursed for their actual and necessary expenses incurred in\nconnection with the carrying out of the purposes of this title;\nprovided, however, that no member shall be reimbursed for any expense\nexceeding one thousand dollars incurred with respect to any individual\npurpose unless the governing body at a meeting duly called and held when\na quorum of five members are present shall have authorized the\nincurrence of such expense by such member. The powers of the authority\nshall be vested in and be exercised by the governing body at a meeting\nduly called and held where a quorum of five members are present. No\naction shall be taken except pursuant to the favorable vote of at least\nfive voting members. All votes must be made in person at a meeting and\nno vote may be made by proxy. The governing body may delegate to one or\nmore of its members, officers, agents or employees such powers and\nduties as it may deem proper.\n 2. The officers of the authority shall consist of a chair, a\nvice-chair, a treasurer and a secretary, which secretary need not be a\nmember of the authority. Such officers shall be appointed by the\ngoverning body and shall serve in such capacities at the pleasure of the\ngoverning body. In addition to the secretary, the governing body may\nappoint and at pleasure remove such additional officers and employees as\nit may determine necessary for the performance of the powers and duties\nof the authority 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 members, officers, executive director, if\nany, comptroller, if any, and counsel, if any, shall be an exempt\nposition under any rule or classification of the civil service\ncommission. The treasurer shall execute a bond, conditioned upon the\nfaithful performance of the duties of his or her office, the amount and\nsufficiency of which shall be approved by the governing body and the\npremium therefor shall be paid by the authority.\n 3. 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 corporation shall\nforfeit his or her office or employment by reason of his or her\nacceptance of appointment as a member, officer or employee of the\nauthority, nor shall service as such member, officer or employee be\ndeemed incompatible or in conflict with such office, membership or\nemployment.\n 4. (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 the county\nexecutive setting forth: (l) the name of the authority; (2) the names of\nthe members appointed by the county executive and the county legislature\nand their terms of office; and (3) the effective date of this title. If\nsuch certificate is not filed with the secretary of state on or before\nsuch date, then the corporate existence of the authority shall thereupon\nterminate and it shall thereupon be deemed to be and shall be dissolved.\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 in the county in such a manner as prescribed by law.\n 5. 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 within 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 6. 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