Section 1328. Central New York regional transportation authority

1. (a)
  There is hereby created the central  New  York  regional  transportation
  authority.   The  authority  shall  be  a  body  corporate  and  politic
  constituting a public benefit corporation. It shall consist of not  more
  than  twelve 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 not less than
  six  names,  submitted to the governor by the common council of the city
  of Syracuse, five persons from a  list  of  not  less  than  ten  names,
  submitted  by  the legislature of the county of Onondaga and two members
  shall be appointed from a list of not less than four names submitted  by
  the  legislature  of  the  county  of Oneida. Other counties electing to
  participate shall each submit to the governor a list of  not  less  than
  two persons for each one hundred thousand or major fraction of the total
  population,  as  determined  by  the  nineteen  hundred  seventy  or any
  subsequent federal decennial or federal county-wide special  census,  of
  the  counties  outside  the  county  of  Onondaga  which  shall elect to
  participate, from which number the governor shall appoint one member for
  each one hundred thousand or major fraction of the total population,  as
  determined  by  such  federal  decennial  or federal county-wide special
  census, with a maximum of  three  members  to  represent  such  counties
  outside the county of Onondaga 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.  The
  non-voting  member  shall  be  appointed  for  a  term  of  seven 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  member
  recommended by the common council of the city of Syracuse and one member
  recommended by the legislature  of  the  county  of  Onondaga  shall  be
  appointed   for   terms   ending  July  thirty-first,  nineteen  hundred
  seventy-five; one member recommended by the common council of  the  city
  of Syracuse and two members recommended by the legislature of the county
  of  Onondaga  shall  be  appointed  for  terms ending July thirty-first,
  nineteen hundred seventy-six; and one member recommended by  the  common
  council  of  the  city  of  Syracuse  and two members recommended by the
  legislature of the county of  Onondaga  shall  be  appointed  for  terms
  ending July thirty-first, nineteen hundred seventy-seven. The member (or
  members) who is (or are) recommended by the other county legislatures or
  board  of  supervisors shall be appointed for a term (or terms) of seven

  years, but all terminating on  the  thirty-first  day  of  July  of  the
  seventh 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   seven   years  after  the  expiration  of  the  term  of  his
  predecessor.  If  a  vacancy   shall   occur   by   reason   of   death,
  disqualification,  resignation  or  removal  of  a member, the successor
  shall be appointed by the  governor  for  the  unexpired  term.  Persons
  succeeding  members recommended by the appropriate legislative bodies of
  the city of Syracuse and the counties of  Onondaga  and  Oneida  on  the
  authority  shall  be  appointed  by  the  same procedure as the original
  appointments. The same procedure shall be followed for  the  filling  of
  vacancies  of  members  appointed  from  other  counties. 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.
    3.  The  members  of the authority shall not receive a salary or other
  compensation when rendering service as a member, 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  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.