Section 50. New York state public authorities control board; creation; procedure

1. The New York state public  authorities  control  board  is  hereby  created to have and exercise the powers, duties and prerogatives
  provided by the provisions of this chapter and any  other  provision  of
  law.
    2. The membership of the board shall consist of five persons appointed
  by  the  governor,  of which one shall be upon the recommendation of the
  temporary president of the senate, one upon the  recommendation  of  the
  speaker  of  the  assembly,  one upon the recommendation of the minority
  leader of the senate and one upon the  recommendation  of  the  minority
  leader  of  the assembly. The members appointed by the governor upon the
  recommendation of the minority leader of the  senate  and  the  minority
  leader  of the assembly shall be non-voting members whose comments shall
  be entered upon any official record of board  proceedings  in  the  same
  manner as voting members' comments, unless objection is raised by any of
  the  voting  members in which case, notwithstanding any provision of law
  to the contrary, such comments by non-voting members  shall  not  be  so
  entered.  The  term  of the members first appointed shall continue until
  January thirty-first, nineteen hundred seventy-seven,  except  that  the
  term  of  the  members  first  appointed upon the recommendations of the
  minority leader of the senate and the minority leader  of  the  assembly
  shall continue until January thirty-first, nineteen hundred eighty-four,
  and  thereafter  their  successors  shall  serve  for a term of one year
  ending on January thirty-first in each year. Upon recommendation of  the
  nominating party, the governor may replace any member in accordance with
  the  provision  contained  herein  for  the  appointment of members. The
  governor shall designate one of the members to serve  as  chairman.  The
  board  shall  act  by unanimous vote of the voting members of the board.
  Any determination of the board shall be  evidenced  by  a  certification
  thereof  executed  by  all  the voting members. Each member of the board
  shall be entitled to designate a representative to  attend  meetings  of
  the  board  in  his place, and to vote or otherwise act on his behalf in
  his absence. Notice of such designation shall be furnished in writing to
  the board by the designating member. A representative shall serve at the
  pleasure of the designating member during the member's term of office. A
  representative shall not be authorized to delegate any of his duties  or
  functions to any other person.
    3.  Notwithstanding  any  inconsistent  provisions  of  law,  general,
  special or local, no officer or employee of the state, of any  political
  subdivision  of  the  state,  of  any  governmental entity operating any
  public  school  or  college  or  of   any   other   public   agency   or
  instrumentality  or  unit  of  government  which  exercises governmental
  powers under the laws  of  the  state,  shall  forfeit  such  office  or
  employment   by  reason  of  acceptance  or  appointment  as  a  member,
  representative, officer, employee  or  agent  of  the  board  nor  shall
  service  as  such  member, representative, officer, employee or agent of
  the board be deemed incompatible or in  conflict  with  such  office  or
  employment.  The  members,  their representatives, officers and staff to
  the board shall be  deemed  employees  within  the  meaning  of  section
  seventeen of the public officers law.
    4.  The  members  of  the board shall serve without salary or per diem
  allowance  but  shall  be  entitled  to  reimbursement  for  actual  and
  necessary  expenses  incurred  in  the  performance  of  official duties
  pursuant to this section or other provision  of  law,  provided  however
  that such members and representatives are not, at the time such expenses
  are incurred, public employees otherwise entitled to such reimbursement.