Section 2350-C. Suffolk county judicial facilities agency  


Latest version.
  • 1. A public
      corporation, to be known as  the  "Suffolk  county  judicial  facilities
      agency"  is  hereby created for the public purposes and charged with the
      duties and having the powers provided in this title. The agency shall be
      a body corporate and politic constituting a public benefit  corporation,
      the  objects  of  which  in  the  judgment  of the legislature cannot be
      attained under general laws. The governing  body  of  the  agency  shall
      consist  of  a body totaling six members, all of whom shall be residents
      of the county, one of whom shall be appointed by the  presiding  officer
      of   the   county   legislature,  without  confirmation  by  the  county
      legislature, one of whom shall be appointed by the  minority  leader  of
      the  county legislature, without confirmation by the county legislature,
      two of whom shall be appointed by the county legislature but not subject
      to review or veto by the county executive  and  two  of  whom  shall  be
      appointed  by  the county executive but not subject to review or veto by
      the county legislature. The terms of the members of the  governing  body
      of  the  agency serving on the effective date of the chapter of the laws
      of two thousand five that  added  this  sentence  shall  expire  on  the
      sixtieth  day  following  such effective date. On or before the sixtieth
      day, six members shall be appointed by the persons having the  authority
      to  make  such  appointments  under  this section. Former members of the
      governing body of the corporation may be reappointed in  the  discretion
      of  the  appointing  authority. The appointing authorities shall consult
      together in making their appointments in an effort to achieve  the  goal
      of  having at least one member of the board with a background in each of
      the following areas of experience: finance,  operation  of  correctional
      facilities,  operation  of  judicial  facilities, construction, and real
      estate. Each member so appointed shall serve for a term of three  years,
      provided,  however,  that  the members first appointed to the six member
      board by the presiding officer and the minority  leader  of  the  county
      legislature  shall be appointed for an initial term of two years and the
      members  first  appointed  to  the  six  member  board  by  the   county
      legislature  shall  be  appointed  for  an  initial  term of four years.
      Failure by any party to appoint any  member  shall  not  invalidate  the
      creation or establishment of the agency and shall result in the creation
      of  a vacancy in the governing body of the agency which may be filled at
      any time by such party. The clerk of the county legislature shall notify
      the county executive and, after the appointment of the initial  members,
      the agency, of each appointment setting forth (a) the name of the agency
      and  (b)  the  name  of  the  member  appointed and the member's term of
      office. All such members shall  continue  to  hold  office  until  their
      successors  are  appointed and qualify. Vacancies shall be filled 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  their
      appointing  authority 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.
      Members  of the agency shall receive no compensation for their services,
      but may be reimbursed for their actual and necessary  expenses  incurred
      in connection with the carrying out of the purposes of this title.
        2. (a) The powers of the agency shall be vested in and be exercised by
      the governing body at a meeting duly called and held where a quorum of a
      majority  of  the  entire voting strength of the members are present. No
      action shall be taken except pursuant to the favorable vote of at  least
      three favorable votes. 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.
        (b)  Notwithstanding  any  inconsistent  provisions  of  any  general,
      special or local law, ordinance,  resolution  or  charter,  no  officer,
      member  or employee of the state, the county, any other municipality, or
      any public benefit corporation, shall  forfeit  his  or  her  office  of
      employment  by  reason  of  his  or  her  acceptance of appointment as a
      member, officer, agent or employee of the agency, nor shall  service  as
      such  member,  officer,  agent  or employee be deemed incompatible or in
      conflict with such office, membership or employment.
        3. (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: (i) the name of the agency; (ii) the names of
      the members initially appointed, and their terms of  office;  and  (iii)
      the effective date of this title.
        (b)  The  agency  shall  be  perpetual  in  duration and its corporate
      existence shall continue until terminated  by  law;  provided,  however,
      that  no  such  law  shall  take effect so long as the agency 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 agency, all of the rights  and  properties  of  the
      agency then remaining shall pass to and vest in the county.
        4. The officers of the agency shall consist of a chair, who shall be a
      member  of  the  agency,  and a vice-chair and a treasurer, who shall be
      members of the agency, and a secretary, who need not be a member of  the
      agency. Such officers shall be appointed by the governing body and shall
      serve  in  such  capacities  at  the pleasure of the governing body. The
      agency may require the treasurer to 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 agency.
        5. It is hereby determined and  declared,  that  the  agency  and  the
      carrying  out  of  its  powers  and  duties  are in all respects for the
      benefit of the people of the state for the improvement of their  health,
      welfare  and  prosperity  and that such purposes are public purposes and
      that the agency is and will  be  performing  an  essential  governmental
      function in the exercise of the powers conferred upon it by this title.