2006 New York Code - Chautauqua, Cattaraugus, Allegany And Steuben Southern Tier Extension Railroad Authority.

 
    §  2642-c. Chautauqua, Cattaraugus, Allegany and Steuben southern tier
  extension  railroad  authority.  1.  There   is   hereby   created   the
  "Chautauqua,  Cattaraugus,  Allegany and Steuben southern tier extension
  railroad  authority"  which  shall  be  a  body  corporate  and  politic
  constituting a public benefit corporation.
    2.  The  authority  shall continue for thirty years from the effective
  date of this title,  or  so  long  as  it  shall  have  bonds  or  other
  obligations  outstanding  or  until  its  existence  shall  otherwise 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  participating  counties  pursuant  to  any  agreements  among   the
  participating counties and the authority.
    3.  The authority shall adopt by-laws governing its operation and keep
  a record of its resolutions, transactions, findings and  determinations,
  which record shall be a public record.
    4. The authority shall consist of the following fourteen members:
    (a) The county legislative bodies of Chautauqua, Cattaraugus, Allegany
  and  Steuben  counties  each  shall  appoint three voting members of the
  authority who shall be residents of such county, upon the recommendation
  of the  chief  executive  (county  executive  or  chair  of  the  county
  legislative body) of each such county; and
    (b)  The  southern  tier west regional planning and development board,
  upon the recommendation of the chairperson of such board, shall  appoint
  one  member  of  the  authority,  who  shall be a resident of one of the
  counties of Chautauqua, Cattaraugus, Allegany or Steuben.
    (c) The Seneca Nation of Indians may appoint a member of  such  Nation
  to serve in an advisory non-voting capacity.
    5.  The  term  of  office  of  members of the authority shall be three
  years.  Four of the initial members of the authority shall serve  a  one
  year  term,  four  shall  serve  a  two year term and six, including the
  members appointed by  the  southern  tier  west  regional  planning  and
  development  board, and the Seneca Nation of Indians shall serve a three
  year term, provided that at the inception of the authority, each  county
  shall  appoint  one  member  to hold office for three years, one for two
  years and one for one year.
    6. All members shall continue to hold office  until  their  successors
  are  appointed  and  qualified.  The  resignation of any member shall be
  filed with the appointing authority  and  shall  be  effective  when  so
  filed.    Vacancies  occurring  otherwise  than by expiration of term of
  office shall be filled for the unexpired term  in  the  same  manner  as
  provided for the original appointment.
    7.  The  chairperson, vice-chairperson, secretary, and other necessary
  officers shall be named by a majority vote of all the voting members  to
  serve for such period as the members shall decide. The chairperson shall
  preside  over the meetings of the authority and shall appoint members of
  the authority to committees established by the authority to  assist  the
  authority in carrying out its duties.
    8.  Any  member  of  the authority may be removed by resolution of the
  entity  which  appointed  such  member   either   for   cause   or   for
  non-compliance  with minimum requirements relating to meeting attendance
  and other criteria as may be established by resolution of such entity.
    9. No person shall be precluded  from  serving  as  a  member  of  the
  authority  as  appointed by a county legislative body, the southern tier
  west regional planning and development board or  the  Seneca  Nation  of
  Indians  pursuant  to  this section because such member is an elected or
  appointed official of a municipality,  except  that  no  member  of  the
  authority  shall  vote on any matter before the authority which has been
  the subject of a proposal, application or vote before  the  municipality
  where he or she serves in such elected or appointed capacity.
    10.   The  members  of  the  authority  shall  receive  no  salary  or
  compensation for their services, but may be reimbursed  for  authorized,
  actual and necessary travel and expenditures.
    11.  A majority of the whole number of voting members of the authority
  then in office shall constitute a quorum  for  the  transaction  of  any
  business  or the exercise of any power of the authority. Notwithstanding
  any provision of statute or law to the contrary and except as  otherwise
  specified  in  this  title,  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  whole number of voting members of the
  authority.
    12. The authority shall be deemed  a  state  agency  for  purposes  of
  section seventy-four of the public officers law, provided, however, that
  no  non-voting  member  of  the  authority shall be deemed an officer or
  employee of a state agency.