2015 New York Laws
PBA - Public Authorities
Article 5 - PUBLIC UTILITY AUTHORITIES
Title 11-A - (1299 - 1299-U) NIAGARA FRONTIER TRANSPORTATION AUTHORITY
1299-C - Niagara Frontier transportation authority.

1299-c.  Niagara  Frontier transportation authority.   1. (a) There is
  hereby created the  "Niagara  Frontier  transportation  authority."  The
  authority  shall  be  a body corporate and politic constituting a public
  benefit corporation. The authority shall  consist  of  a  chairman,  ten
  other  members  and  shall  have  two non-voting members as described in
  paragraphs (b) and (c) of this subdivision appointed by the governor  by
  and  with  the  advice  and  consent of the senate. The chairman and all
  members shall be residents of the district. Of  the  ten  members  other
  than   the   chairman,   one   shall   be  appointed  upon  the  written
  recommendation of the Erie county executive and one shall  be  appointed
  upon  the  written  recommendation  of  the Erie county legislature. The
  chairman and each of the members shall be appointed for a term of  eight
  years,  provided  however, that the chairman first appointed shall serve
  for a term ending June thirtieth, nineteen hundred seventy-three, and of
  the eight other members first appointed, one  shall  serve  for  a  term
  ending June thirtieth, nineteen hundred sixty-eight, two shall serve for
  a  term  ending  June  thirtieth, nineteen hundred sixty-nine, one shall
  serve for a term ending June thirtieth, nineteen  hundred  seventy,  two
  shall   serve  for  a  term  ending  June  thirtieth,  nineteen  hundred
  seventy-one, one shall serve for a term ending June thirtieth,  nineteen
  hundred  seventy-two  and  one  shall  serve  for  a  term  ending  June
  thirtieth, nineteen hundred  seventy-three.  The  term  of  one  of  the
  members appointed to memberships first created by law after April first,
  nineteen  hundred  sixty-nine  shall  end  on  June  thirtieth, nineteen
  hundred seventy-four, and the term of the other such member shall end on
  June thirtieth, nineteen hundred seventy-five. Following the  expiration
  of  any  term  ending  on  or  after  June  thirtieth,  nineteen hundred
  eighty-seven, each member shall be appointed for a term  of  five  years
  beginning  on  the  day  after  the  expiration date of such prior term;
  provided, however, that the term of the member first appointed upon  the
  written  recommendation of the Erie county executive and the term of the
  member first appointed upon  the  written  recommendation  of  the  Erie
  county  legislature  shall  be  for  a  term  ending  on June thirtieth,
  nineteen hundred ninety-six.
(b) The first non-voting member of the  authority  who  shall  not  be
  considered in determining a quorum, shall be recommended to the governor
  by  the  labor  organization representing the plurality of the employees
  within the authority and shall be a resident  of  the  Niagara  Frontier
  transportation   district   as   described  in  section  twelve  hundred
  ninety-nine-b of this title.  Such  first  non-voting  member  shall  be
  appointed  for  a term of eight years, provided, however, that if at any
  time during the term of appointment such non-voting member ceases to  be
  affiliated  with  the  labor  organization representing the plurality of
  employees within the authority, then such labor organization may at  any
  time  during  such term recommend a new member to the governor who shall
  serve  the  remainder  of  the  term.  If  the  local  bargaining   unit
  decertifies  its  existing  union affiliation and certifies a new union,
  the union which represents the plurality of the employees may  recommend
  a  new member to the governor who shall serve the remainder of the term.
  The chairman of the authority, at his or  her  discretion,  may  exclude
  such  non-voting  member  from attending any portion of a meeting of the
  authority or of  any  committee  held  for  the  purpose  of  discussing
  negotiations  with labor organizations, pending litigation involving the
  labor organization, or the investigation, evaluation, or  discipline  of
  an employee.
(c)  There  shall also be a second non-voting member of the authority,
  who shall  not  be  considered  in  determining  a  quorum.  The  second
  non-voting member shall be appointed by the governor as a representative

  of  the transit dependent community and/or people with disabilities. The
  second non-voting member shall be appointed for a term of five years.
2.  The  members  of  the  authority, including the chairman shall not
  receive a salary or other compensation. Upon formal adoption of policies
  and guidelines by the authority, each member,  including  the  chairman,
  shall  be  entitled  to  reimbursement for actual and necessary expenses
  incurred in the performance of official duties.
3. A majority of the whole number of 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.  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 members present at any meeting at which a
  quorum is in attendance.
4. The chairman shall preside  over  the  board  and  shall  establish
  committees to assist the board in carrying out its duties, including but
  not  limited  to a committee on operations and personnel; a committee on
  finance and audit; and a committee on  capital  planning.  The  chairman
  shall appoint members of the authority to such committees.
5.  The  authority  shall  be  a  "state  agency"  for the purposes of
  sections seventy-three and seventy-four of the public officers law.
6. Notwithstanding any inconsistent provisions 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
  chairman who holds such other public office or employment shall  receive
  no additional compensation for services rendered pursuant to this title,
  but  the  members  and  chairman  shall be entitled to reimbursement for
  their actual and necessary expenses incurred in the performance of  such
  services.
7.  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.
8. 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, except that the Buffalo projects, together with all  property
  and assets held and acquired by the authority or by the Niagara Frontier
  port  authority  in  connection  therewith,  shall  thereupon become the
  property of and shall be under the jurisdiction, control and  possession
  of  the city of Buffalo. As used herein, the Buffalo projects shall mean
  (a) the greater Buffalo international airport; (b) the Buffalo municipal
  piers project formerly owned and operated by the city of Buffalo at  the
  foot  of  Michigan avenue on the Buffalo harbor, in the city of Buffalo;
  and (c) the  Buffalo  small  boat  harbor  project  formerly  owned  and
  operated  by  the  city  of  Buffalo  for the mooring of small craft and
  boats, located on Fuhrmann boulevard and the Buffalo harbor, in the city
  of Buffalo.

9. Notwithstanding the provisions of paragraph eight of  this  section
  or  any other provisions of law, the authority may purchase and the city
  of Buffalo may sell its reversionary interests in any  of  the  projects
  mentioned  in  paragraph  eight  of this section and in such event, upon
  termination  of  the  authority  by  law,  any project so acquired shall
  revert to and become the property of the state.