Section 1802. New York job development authority  


Latest version.
  • 1. There is hereby created
      the  "New York job development authority." The authority shall be a body
      corporate and politic constituting a  public  benefit  corporation.  Its
      members  shall  consist of the commissioner of economic development, the
      commissioner of labor, the commissioner of agriculture and markets,  and
      the superintendent of banks, serving ex officio, and seven members to be
      appointed  by  the  governor  with the advice and consent of the senate.
      Each member appointed by the governor shall be a citizen of  the  United
      States and a resident of the state.
        1-a.  The  commissioner  of  economic development, the commissioner of
      labor,  the  commissioner  of   agriculture   and   markets,   and   the
      superintendent  of banks each may designate a person from his department
      to represent him at all meetings of the authority from which such member
      may be absent. Any representative so designated shall have the power  to
      attend and to vote at any meeting of the authority from which the member
      so  designating  him is absent, with the same force and effect as if the
      member designating him were present and voting. Such  designation  shall
      be  by  written  notice  to  the  chairman  by  the  member  making  the
      designation. Such designation shall not limit the power  of  the  member
      making  the  designation  to attend and vote in person at any meeting of
      the authority.
        2. Members shall continue in office  until  the  expiration  of  their
      terms  and  until  their  successors  have been appointed and confirmed.
      Persons appointed for full terms as their  successors  shall  serve  for
      four  years  each  commencing  as  of  January  first. In the event of a
      vacancy occurring in the office of a member  by  death,  resignation  or
      otherwise,  the  governor  shall appoint a successor with the advice and
      consent of the senate to serve for the balance of the unexpired term.
        3. The members of the authority shall serve without  salary  or  other
      compensation,  but  each  member  shall be entitled to reimbursement for
      actual and necessary expenses incurred in the performance of his or  her
      official duties.
        4.  The  members of the authority may engage in private employment, or
      in a profession or business, subject to  the  limitations  contained  in
      sections seventy-three and seventy-four of the public officers law.  The
      authority shall, for the purposes of such sections, be a "state agency",
      and  such  members shall be "officers" of the agency for the purposes of
      said sections. In addition, the authority may adopt such  standards  and
      procedures  as  it  considers  necessary  to  ensure compliance with the
      provisions of sections seventy-three  and  seventy-four  of  the  public
      officers law.
        5.  Notwithstanding  any  inconsistent  provisions  of  law,  general,
      special or local, no officer or employee of the state, or of  any  civil
      division thereof, shall be deemed to have forfeited or shall forfeit his
      office  or  employment  by reason of his acceptance of membership on the
      authority created by this section, provided, however, that a member  who
      holds such other public office or employment shall receive no additional
      compensation  or allowance for services rendered pursuant to this title,
      but shall be entitled to reimbursement  for  his  actual  and  necessary
      expenses incurred in the performance of such services.
        6.  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 such member
      shall be  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.
    
        7. The commissioner of economic development shall be the  chairman  of
      the  authority  and shall preside over all meetings of the authority and
      shall  have  such  other  duties  as  the  authority   may   direct.   A
      vice-chairman  may  be  elected  by  the  authority from among its other
      members for one or more terms of one year each.  The vice-chairman shall
      preside  over  all  meetings  of  the  authority  in  the absence of the
      commissioner of economic development and shall have such other duties as
      the authority may direct.
        8. Six members of the authority shall  constitute  a  quorum  for  the
      transaction  of any business or the exercise of any power or function of
      the authority. Resolutions authorizing the issuance of bonds or notes of
      the authority and resolutions authorizing the granting of mortgage loans
      shall be approved by not less than six members of  the  authority  at  a
      meeting  duly  called  for  such purpose, but for the transaction of any
      other business or the performance of any other power or function of  the
      authority, the authority may act by a majority of the members present at
      any meeting at which a quorum is in attendance.
        8-a.  Determination on mortgage loan applications. The chairman of the
      authority shall convene meetings for the transaction of business or  the
      exercise of any power or function of the authority at regular intervals,
      and  whenever  prudent  and  practical,  the  authority  shall  render a
      determination on an application for  a  mortgage  loan  and  notify  the
      applicant  of the determination within four weeks of the receipt of such
      completed application. In the  event  that  a  determination  cannot  be
      reached  within  the four week period, the authority shall submit to the
      applicant a statement of the reasons for such delay upon or prior to the
      expiration of such four week period.
        9. The authority may appoint such persons to serve as officers of  the
      authority as it may deem advisable, including a president and a counsel,
      and such employees as it deems advisable, and may prescribe their duties
      and  fix  their  compensation,  subject to the civil service law and the
      rules and regulations of the civil service commission of the state.
        10.  The  authority  may  appoint  one  or  more  advisory  committees
      consisting  of  not  more than seven members each to consider and advise
      the authority upon all matters submitted to them by the authority and to
      recommend to the authority such changes in the  administration  of  this
      title  and the operations of the authority as the advisory committee may
      deem desirable. Members  of  advisory  committees  shall  serve  without
      salary  for  such  terms, not to exceed four years, as the authority may
      determine. Each member of an advisory committee  shall  be  entitled  to
      reimbursement  for  his actual and necessary travel expenses incurred in
      the performance of his duties.