2006 New York Code - Capital District Transportation Authority.



 
    §  1303. Capital District transportation authority. 1. There is hereby
  created the Capital District  transportation  authority.  The  authority
  shall  be  a  body  corporate  and politic constituting a public benefit
  corporation. It shall consist of not  less  than  eight  nor  more  than
  fifteen members, including a chairman. The members shall be appointed by
  the  governor  by  and  with  the  advice and consent of the senate. The
  governor shall make initial appointments to the authority in such number
  and from lists submitted as follows: three members shall be appointed to
  the authority from a list of six names, all of whom shall  be  residents
  of  the  county of Albany, four of which names shall be submitted to the
  governor by the majority party of  the  legislature  of  the  county  of
  Albany  and  two of which names shall be submitted by the minority party
  of such legislature; two members shall be  appointed  to  the  authority
  from  a list of four names, all of whom shall be residents of the county
  of Schenectady, three of which names shall be submitted to the  governor
  by  the  majority  party of the legislature of the county of Schenectady
  and one of which names shall be submitted by the minority party of  such
  legislature; two members shall be appointed to the authority from a list
  of  four  names,  all  of  whom  shall  be  residents  of  the county of
  Rensselaer, three of which names shall be submitted to the  governor  by
  the  majority  party  of the legislature of the county of Rensselaer and
  one of which names shall be submitted by  the  minority  party  of  such
  legislature; two members shall be appointed to the authority from a list
  of four names, all of whom shall be residents of the county of Saratoga,
  three  of which names shall be submitted to the governor by the majority
  party of the legislature of the county of  Saratoga  and  one  of  which
  names  shall  be  submitted  by  the minority party of such legislature.
  Other counties electing to participate shall each submit to the governor
  a list of two persons each of whom shall be a resident of  such  county,
  one  of  which  names shall be submitted to the governor by the majority
  party of the legislature of such county and one of which names shall  be
  submitted  by  the minority party of such legislature, from which number
  the governor shall appoint one member for each such county  so  electing
  to participate.
    2.  The  members of the authority shall continue in office until their
  successors are appointed and shall have qualified. One  of  the  members
  appointed from the county of Albany shall be appointed for a term ending
  July  thirty-first,  nineteen  hundred  seventy-two;  one of the members
  appointed from the  counties  of  Albany,  Schenectady,  Rensselaer  and
  Saratoga,  respectively,  shall  be  appointed  for  terms  ending  July
  thirty-first, nineteen hundred seventy-three, respectively; one  of  the
  members  appointed  from the counties of Albany, Schenectady, Rensselaer
  and Saratoga, respectively, shall be appointed  for  terms  ending  July
  thirty-first,  nineteen  hundred seventy-four, respectively.  The member
  (or members) who is (or are) appointed from the other counties shall  be
  appointed  for  a  term (or terms) of five years, but all terminating on
  the thirty-first day of July  of  the  fifth  year.    Thereafter,  upon
  expiration of the term of a member of the authority a successor shall be
  appointed  by  the  governor  for  a  term expiring five years after the
  expiration of the term of his predecessor. If a vacancy shall  occur  by
  reason of a death, disqualification, resignation or removal of a member,
  the  successor shall be appointed by the governor for the unexpired term
  of, from the same area and by the same  procedure  as  his  predecessor.
  Members of the authority shall, before entering upon the duties of their
  office,  take the constitutional oath of office and file the same in the
  office of the secretary  of  state.  No  person  while  serving  in  any
  elective office shall be eligible to serve as a member of the authority.
    3.  The  members  of the authority shall not receive a salary or other
  compensation, but each member shall  be  entitled  to  reimbursement  of
  actual  and necessary expenses incurred in the performance of his or her
  official duties.
    4.  A  majority  of the whole number of members of the authority shall
  constitute a quorum for the transaction of business or the  exercise  of
  any  power  of the authority. Except as otherwise specified in this act,
  for the transaction of any business or the exercise of any power of  the
  authority,  the  authority  shall have power to act by a majority of the
  members present at any meeting at which a quorum is in attendance.
    5. The authority shall organize by the selection from its members of a
  chairman, vice-chairman and secretary. It shall adopt such rules  as  it
  may deem necessary and proper for the government of its own proceedings,
  and shall keep a record of such proceedings.
    6.  The  authority  shall  be  a  "state  agency"  for the purposes of
  sections seventy-three and seventy-four of the public officers law.
    7. Notwithstanding any inconsistent provision of  this  or  any  other
  law,  general, special or local, no officer or employee of the state, or
  of any public corporation as defined in  the  general  corporation  law,
  shall  be  deemed  to  have  forfeited  or  shall  forfeit his office or
  employment or any benefits provided  under  the  retirement  and  social
  security  law  or  under  any public retirement system maintained by the
  state or any  of  its  subdivisions  by  reason  of  his  acceptance  of
  membership  on  or  chairmanship  of the authority; provided, however, a
  member or chairman who holds such  other  public  office  or  employment
  shall be entitled to reimbursement for his actual and necessary expenses
  incurred in the performance of such services.
    8.  The  governor  may  remove any member for inefficiency, neglect of
  duty or misconduct in office after giving him  a  copy  of  the  charges
  against  him  and an opportunity to be heard, in person or by counsel in
  his defense, upon not less than ten days' notice. If any member shall be
  so removed, the governor shall file in the office of the  department  of
  state  a complete statement of charges made against such member, and his
  findings thereon, together with a complete record of the proceedings.
    9. The authority shall continue so long as  it  shall  have  bonds  or
  other   obligations   outstanding  and  until  its  existence  shall  be
  terminated by  law.  Upon  the  termination  of  the  existence  of  the
  authority,  all its rights and properties shall pass to and be vested in
  the state. 10. Each of the counties that elect to  become  participating
  members  of  the  Capital  District transportation district may do so by
  resolution adopted by a majority of the membership of its governing body
  and such election by a county shall take effect upon  the  filing  of  a
  duly  certified  copy of such resolution with the authority and with the
  secretary of state, and the mailing of a certified copy thereof  to  the
  county clerk of each county which is granted the power of election under
  the provisions of this act.

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