ยง 50. New York state public authorities control board; creation;
procedure. 1. The New York state public authorities control board is
hereby created to have and exercise the powers, duties and prerogatives
provided by the provisions of this chapter and any other provision of
law.
2. The membership of the board shall consist of five persons appointed
by the governor, of which one shall be upon the recommendation of the
temporary president of the senate, one upon the recommendation of the
speaker of the assembly, one upon the recommendation of the minority
leader of the senate and one upon the recommendation of the minority
leader of the assembly. The members appointed by the governor upon the
recommendation of the minority leader of the senate and the minority
leader of the assembly shall be non-voting members whose comments shall
be entered upon any official record of board proceedings in the same
manner as voting members' comments, unless objection is raised by any of
the voting members in which case, notwithstanding any provision of law
to the contrary, such comments by non-voting members shall not be so
entered. The term of the members first appointed shall continue until
January thirty-first, nineteen hundred seventy-seven, except that the
term of the members first appointed upon the recommendations of the
minority leader of the senate and the minority leader of the assembly
shall continue until January thirty-first, nineteen hundred eighty-four,
and thereafter their successors shall serve for a term of one year
ending on January thirty-first in each year. Upon recommendation of the
nominating party, the governor may replace any member in accordance with
the provision contained herein for the appointment of members. The
governor shall designate one of the members to serve as chairman. The
board shall act by unanimous vote of the voting members of the board.
Any determination of the board shall be evidenced by a certification
thereof executed by all the voting members. Each member of the board
shall be entitled to designate a representative to attend meetings of
the board in his place, and to vote or otherwise act on his behalf in
his absence. Notice of such designation shall be furnished in writing to
the board by the designating member. A representative shall serve at the
pleasure of the designating member during the member's term of office. A
representative shall not be authorized to delegate any of his duties or
functions to any other person.
3. Notwithstanding any inconsistent provisions of law, general,
special or local, no officer or employee of the state, of any political
subdivision of the state, of any governmental entity operating any
public school or college or of any other public agency or
instrumentality or unit of government which exercises governmental
powers under the laws of the state, shall forfeit such office or
employment by reason of acceptance or appointment as a member,
representative, officer, employee or agent of the board nor shall
service as such member, representative, officer, employee or agent of
the board be deemed incompatible or in conflict with such office or
employment. The members, their representatives, officers and staff to
the board shall be deemed employees within the meaning of section
seventeen of the public officers law.
4. The members of the board shall serve without salary or per diem
allowance but shall be entitled to reimbursement for actual and
necessary expenses incurred in the performance of official duties
pursuant to this section or other provision of law, provided however
that such members and representatives are not, at the time such expenses
are incurred, public employees otherwise entitled to such reimbursement.
Structure New York Laws