N.Y.
Public Authorities Law Section 2608
New York state olympic regional development authority
1.
For the purposes of effectuating the policy declared in § 2606 (Legislative findings)section twenty-six hundred six of this title, there is hereby created the “New York state olympic regional development authority”, referred to in this title as “the authority”, which shall be a body corporate and politic constituting a public benefit corporation. The authority shall consist of twelve members who shall be the commissioner of environmental conservation, the commissioner of economic development, the commissioner of parks, recreation and historic preservation and nine persons to be appointed by the governor, by and with the advice and consent of the senate. Of the nine persons appointed by the governor, by and with the advice and consent of the senate, one each shall be appointed upon the recommendation of the temporary president of the senate and the speaker of the assembly. Three of the persons appointed by the governor, by and with the advice and consent of the senate shall be appointed upon the recommendation of the town board of the town of North Elba and shall be residents of the park district. Two persons shall be appointed by the governor, by and with the advice and consent of the senate, one of whom shall reside in Ulster county and the other of whom shall reside in Delaware county. One of the persons appointed by the governor, by and with the advice and consent of the senate, shall be a resident of Warren county. The governor shall appoint a chairperson, a vice-chairperson and a second vice-chairperson from among any of the members of the authority and such chairperson, vice-chairperson and second vice-chairperson shall serve at the pleasure of the governor, provided, however, that the vice-chairperson shall be appointed on the recommendation of the town board of North Elba; and the second vice-chairperson shall be appointed upon the recommendation of the town boards of the town of Shandaken in Ulster county and the town of Middletown in Delaware county; and must be a resident of Ulster or Delaware counties; with a majority vote of the combined two town boards determining who shall be recommended to the governor for appointment of that position. From among any candidates recommended by the chairman, the members shall appoint a president/chief executive officer of the authority. The members first appointed by the governor shall be appointed within thirty days of the effective date of this title. The members appointed as a result of the enactment of the chapter of the laws of two thousand twelve which amended this section, consisting of the eleventh and twelfth board members, shall be appointed within ninety days of the effective date of such chapter. The first members appointed by the governor upon the recommendation of the temporary president of the senate and the speaker of the assembly shall serve terms of three years respectively from January first next succeeding their appointment. The remaining four members first appointed by the governor shall serve terms of one, two, four and five years respectively from January first next succeeding their appointment. The fifth member appointed by the governor shall serve a term of two years from January first, next succeeding his or her appointment. Each appointment of a member following the expiration of the original terms of the appointment shall be for a term of five years. The members appointed by the governor who are required to reside in either Delaware or Ulster counties shall be appointed for terms of four years. Members shall continue to hold office until their successors have been appointed and qualified. In the event of a vacancy occurring during the term of a member’s appointment, by reason of death, resignation, disqualification or otherwise, such vacancy shall be filled for the unexpired term in the same manner as the original appointment.2.
The members of the authority shall not receive a salary or other compensation for their services as members of the authority but each member shall be allowed reimbursement for the necessary and actual expenses which he or she shall incur in the performance of his or her duties under this title.3.
The president/chief executive officer shall serve at the pleasure of the members and shall be responsible for the discharge of the executive and administrative functions and exercise of any power or function of the authority.4.
Seven members of the authority shall constitute a quorum for the transaction of any business or the exercise of any power or function of the authority. The authority may delegate to one or more of its members, officers, agents and employees, such powers and duties as it may deem proper. The commissioner of environmental conservation, the commissioner of economic development, the commissioner of parks and recreation and any other member of the authority who is a full time employee of the state or who holds public office may designate one person from his department or from the public corporation in which he holds a public office to represent him at all meetings of the authority from which such member may be absent. Any representative so designated shall have the power to attend and to vote at any meeting of the authority from which the member so designating him is absent, with the same force and effect as if the member designating him were present and voting. Such designation shall be by written notice filed with the chairman of the authority by the member making the designation and shall be for a term of one year or until such representative shall resign or shall no longer be employed by the department of which such member making the designation is an employee or by the public corporation of which such member making the designation holds a public office or until revoked by the person making such designation. Such designation shall not limit the power of the member making the designation to attend and vote in person at any meeting of the authority.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, as defined in the public officers law, or of the park district shall be deemed to have forfeited or shall forfeit his office of 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 of employment shall receive no additional compensation for services rendered pursuant to this title, but shall be entitled to reimbursement for his actual and necessary expenses incurred in the performance of such services.7.
The governor may remove any member of the authority for cause, other than the commissioner of environmental conservation, the commissioner of economic development and the commissioner of parks and recreation, 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 principal office of the authority shall be located in the town of North Elba and the authority shall establish a second office at the Belleayre Mountain ski center.9.
Nothing shall preclude the use of meetings and votes by video conference or other conferencing which permits conferees to see the other members during board meetings through television or the internet.
Source:
Section 2608 — New York state olympic regional development authority, https://www.nysenate.gov/legislation/laws/PBA/2608 (updated Sep. 22, 2014; accessed Apr. 27, 2024).
