Section 1942. Upper Mohawk Valley memorial auditorium authority

1. A
  public corporation, to be known as the  "Upper  Mohawk  Valley  memorial
  auditorium  authority"  is  hereby  created  for the public purposes and
  charged with the duties and having the powers provided  in  this  title.
  The  authority  shall  be  a  body  corporate and politic constituting a
  public benefit corporation. The governing body of  the  authority  shall
  consist of a total of seven members, three of whom shall be appointed by
  the  county  executive,  without confirmation of the county legislature,
  and four of whom shall be appointed by the county  legislature,  without
  county  executive  right  to  veto.  The  first members appointed by the
  county executive shall be appointed for the following terms  of  office:
  one  for  a  term  ending  on  December  thirty-first  of the first year
  following the year in which this title shall have become law, one for  a
  term  ending  on  December  thirty-first of the third year following the
  year in which this title shall have become law and one for a term ending
  on December thirty-first of the fifth year following the year  in  which
  this  title  shall  have  become law. The first members appointed by the
  county legislature shall be appointed for the following terms of office:
  one for a term  ending  on  December  thirty-first  of  the  first  year
  following  the year in which this title shall have become law, one for a
  term ending on December thirty-first of the  third  year  following  the
  year  in  which  this  title  shall  have become law, and two for a term
  ending on December thirty-first of the fifth year following the year  in
  which  this  title  shall  have  become  law. Subsequent appointments of
  members shall be made for a term of five years ending in  each  case  on
  December  thirty-first  of the last year of such term. All members shall
  continue to  hold  office  until  their  successors  are  appointed  and
  qualify.  Vacancies  shall  be filed in the manner provided for original
  appointment. Vacancies, occurring otherwise than by expiration  of  term
  of  office,  shall  be  filled  by  appointment for the unexpired terms.
  Members may be removed from office by the  party  which  appointed  such
  member  for  inefficiency,  neglect  of  duty  or  misconduct in office;
  provided, however, that such member shall be given a copy of the charges
  against him or her and an opportunity of being heard in  person,  or  by
  counsel,  in  his or her defense upon not less than ten days notice. The
  members of  the  authority  shall  receive  no  compensation  for  their
  services,  but  shall  be  reimbursed  for  their  actual  and necessary
  expenses incurred in connection with the carrying out of the purposes of
  this title; provided, however, that no member shall  be  reimbursed  for
  any  expense exceeding one thousand dollars incurred with respect to any
  individual purpose unless the governing body at a  meeting  duly  called
  and held when a quorum of four members are present shall have authorized
  the  incurrence  of  such  expense  by  such  member.  The powers of the
  authority shall be vested in and be exercised by the governing body at a
  meeting duly called and held where a quorum of four members are present.
  No action shall be taken except pursuant to the  favorable  vote  of  at
  least four voting members. All votes must be made in person at a meeting
  and no vote may be made by proxy. The governing body may delegate to one
  or  more  of  its members, officers, agents or employees such powers and
  duties as it may deem proper.
    2. The  officers  of  the  authority  shall  consist  of  a  chair,  a
  vice-chair,  a  treasurer and a secretary, which secretary need not be a
  member of the  authority.  Such  officers  shall  be  appointed  by  the
  governing body and shall serve in such capacities at the pleasure of the
  governing  body.  In  addition  to the secretary, the governing body may
  appoint and at pleasure remove such additional officers and employees as
  it may determine necessary for the performance of the powers and  duties
  of  the authority and fix and determine their qualifications, duties and

  compensation, subject to the provisions of the civil service law.    The
  governing   body  may  also  from  time  to  time  contract  for  expert
  professional services. The members,  officers,  executive  director,  if
  any,  comptroller,  if  any,  and  counsel,  if  any, shall be an exempt
  position  under  any  rule  or  classification  of  the  civil   service
  commission.  The  treasurer  shall  execute a bond, conditioned upon the
  faithful performance of the duties of his or her office, the amount  and
  sufficiency  of  which  shall  be approved by the governing body and the
  premium therefor shall be paid by the authority.
    3. Notwithstanding any inconsistent provision of any general,  special
  or  local  law,  ordinance, resolution or charter, no officer, member or
  employee of the state, any municipality or any public corporation  shall
  forfeit  his  or  her  office  or  employment  by  reason  of his or her
  acceptance of appointment as  a  member,  officer  or  employee  of  the
  authority,  nor  shall  service  as  such member, officer or employee be
  deemed incompatible or in  conflict  with  such  office,  membership  or
  employment.
    4.  (a)  The  county  executive  shall  file  on  or  before  December
  thirty-first of the year in which this title shall have become a law, in
  the office of the secretary of state, a certificate signed by the county
  executive setting forth: (l) the name of the authority; (2) the names of
  the members appointed by the county executive and the county legislature
  and their terms of office; and (3) the effective date of this title.  If
  such  certificate  is not filed with the secretary of state on or before
  such date, then the corporate existence of the authority shall thereupon
  terminate and it shall thereupon be deemed to be and shall be dissolved.
    (b) Except as provided in  paragraph  (a)  of  this  subdivision,  the
  authority and its corporate existence shall continue until terminated by
  law,  provided,  however,  that no such law shall take effect so long as
  the authority shall have bonds or other obligations  outstanding  unless
  adequate  provision  has  been  made  for  the  payment  or satisfaction
  thereof. Upon termination of the existence of the authority, all of  the
  rights  and properties of the authority then remaining shall pass to and
  vest in the county in such a manner as prescribed by law.
    5. It is hereby determined and declared, that the  authority  and  the
  carrying  out  of  its  powers  and  duties  are in all respects for the
  benefit of the people within the service area  and  the  state  for  the
  improvement  of  their  health,  welfare  and  prosperity  and that such
  purposes are public purposes and that  the  authority  is  and  will  be
  performing  an  essential  governmental  function in the exercise of the
  powers conferred upon it by this title.
    6. Nothing in this title shall be construed to obligate the  state  in
  any  way  in  connection  with  the  operations  or  obligations  of the
  authority.