Section 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  one  non-voting member as described in
  paragraph (b) 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) There shall also be one non-voting member of the authority,  which
  shall  not  be considered in determining a quorum. The non-voting member
  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. The
  non-voting member  shall  be  appointed  for  a  term  of  eight  years,
  provided,  however,  that  if at any time during the term of appointment
  the  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.
    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.