Section 1303. Capital District transportation authority

1. (a) There is
  hereby  created  the  Capital  District  transportation  authority.  The
  authority  shall  be  a body corporate and politic constituting a public
  benefit corporation. It shall consist of not less than  eight  nor  more
  than fifteen members, including a chairman and shall have one non-voting
  member  as  described  in paragraph (b) of this subdivision. The members
  shall be appointed by the governor by and with the advice and consent of
  the  senate.  The  governor  shall  make  initial  appointments  to  the
  authority  in  such  number  and  from lists submitted as follows: three
  members shall be appointed to the authority from a list  of  six  names,
  all  of  whom  shall be residents of the county of Albany, four of which
  names shall be submitted to the governor by the majority  party  of  the
  legislature  of  the  county  of  Albany and two of which names shall be
  submitted by the minority party of such legislature; two  members  shall
  be  appointed  to  the  authority from a list of four names, all of whom
  shall be residents of the county of Schenectady, three  of  which  names
  shall  be  submitted  to  the  governor  by  the  majority  party of the
  legislature of the county of Schenectady and one of which names shall be
  submitted by the minority party of such legislature; two  members  shall
  be  appointed  to  the  authority from a list of four names, all of whom
  shall be residents of the county of Rensselaer,  three  of  which  names
  shall  be  submitted  to  the  governor  by  the  majority  party of the
  legislature of the county of Rensselaer and one of which names shall  be
  submitted  by  the minority party of such legislature; two members shall
  be appointed to the authority from a list of four  names,  all  of  whom
  shall be residents of the county of Saratoga, three of which names shall
  be submitted to the governor by the majority party of the legislature of
  the  county of Saratoga and one of which names shall be submitted by the
  minority  party  of  such  legislature.  Other  counties   electing   to
  participate shall each submit to the governor a list of two persons each
  of  whom shall be a resident of such county, one of which names shall be
  submitted to the governor by the majority party of  the  legislature  of
  such  county  and  one of which names shall be submitted by the minority
  party of such legislature, from which number the governor shall  appoint
  one member for each such county so electing to participate.
    (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 Capital District transportation district as
  described in section thirteen hundred two of this title. The  non-voting
  member  shall  be appointed for a term of five 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 shall continue in office  until  their
  successors  are  appointed  and shall have qualified. One of the members

  appointed from the county of Albany shall be appointed for a term ending
  July thirty-first, nineteen hundred  seventy-two;  one  of  the  members
  appointed  from  the  counties  of  Albany,  Schenectady, Rensselaer and
  Saratoga,  respectively,  shall  be  appointed  for  terms  ending  July
  thirty-first, nineteen hundred seventy-three, respectively; one  of  the
  members  appointed  from the counties of Albany, Schenectady, Rensselaer
  and Saratoga, respectively, shall be appointed  for  terms  ending  July
  thirty-first,  nineteen  hundred  seventy-four, respectively. The member
  (or members) who is (or are) appointed from the other counties shall  be
  appointed  for  a  term (or terms) of five years, but all terminating on
  the thirty-first day  of  July  of  the  fifth  year.  Thereafter,  upon
  expiration of the term of a member of the authority a successor shall be
  appointed  by  the  governor  for  a  term expiring five years after the
  expiration of the term of his predecessor. If a vacancy shall  occur  by
  reason of a death, disqualification, resignation or removal of a member,
  the  successor shall be appointed by the governor for the unexpired term
  of, from the same area and by the same  procedure  as  his  predecessor.
  Members of the authority shall, before entering upon the duties of their
  office,  take the constitutional oath of office and file the same in the
  office of the secretary  of  state.  No  person  while  serving  in  any
  elective office shall be eligible to serve as a member of the authority.
    3.  The  members  of the authority shall not receive a salary or other
  compensation, but each member shall  be  entitled  to  reimbursement  of
  actual  and necessary expenses incurred in the performance of his or her
  official duties.
    4. A majority of the whole number of members of  the  authority  shall
  constitute  a  quorum for the transaction of business or the exercise of
  any power of the authority. Except as otherwise specified in  this  act,
  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.
    5. The authority shall organize by the selection from its members of a
  chairman,  vice-chairman  and secretary. It shall adopt such rules as it
  may deem necessary and proper for the government of its own proceedings,
  and shall keep a record of such proceedings.
    6. The authority shall  be  a  "state  agency"  for  the  purposes  of
  sections seventy-three and seventy-four of the public officers law.
    7.  Notwithstanding  any  inconsistent  provision 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
  member  or  chairman  who  holds  such other public office or employment
  shall be entitled to reimbursement for his actual and necessary expenses
  incurred in the performance of such services.
    8. 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.
    9.  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.
    10. Each of the counties that elect to become participating members of
  the  Capital  District  transportation  district may do so by resolution
  adopted by a majority of the membership of its governing body  and  such
  election  by  a  county  shall  take  effect  upon  the filing of a duly
  certified copy of such  resolution  with  the  authority  and  with  the
  secretary  of  state, and the mailing of a certified copy thereof to the
  county clerk of each county which is granted the power of election under
  the provisions of this act.