New York Laws
Title 5 - Long Island Market Authority
902 - Long Island Market Authority.

(a) The county executive, with the approval of the legislative body of
the county, shall appoint seven members. Members appointed by the county
executive shall be residents of the county. Any member shall forfeit his
or her membership on the governing body upon such member's termination
of residence in such area, which forfeiture shall create a vacancy.
Three members appointed by the county executive shall be appointed for a
term of office ending on December thirty-first of the third year
following the year in which this title shall have become law. Two
members appointed by the county executive shall be appointed for a term
of office ending on December thirty-first of the second year following
the year in which this title shall have become law. Two members
appointed by the county executive shall be appointed for a term of
office ending on December thirty-first of the first year following the
year in which this title shall have become law. Subsequent appointments
of members shall be made for a term of three years ending 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.
(b) Four members of the board shall be persons engaged in farming,
commercial fishing, the resale of farm produce or the resale of
commercial fishing products and deriving a greater part of their income
therefrom.
(c) Failure to appoint any member shall not invalidate the creation or
establishment of the authority and shall result in the creation of a
vacancy on the governing body of the authority which may be filled at
any time by such party.
(d) Vacancies shall be filled in the same manner as provided for the
original appointment. Vacancies, occurring otherwise than by expiration
of term of office shall be filled by appointment for the unexpired
terms.
(e) Members may be removed from office 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 to
be heard in person, or by counsel, in his or her defense upon not less
than ten days notice.
3. 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.
4. The officers of the authority shall consist of a chair, a
vice-chair, a treasurer and a secretary, who 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 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.
5. 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 benefit
corporation, shall forfeit his or her office or employment by reason of
his or her acceptance of appointment as a member, officer, agent 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.
6. (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 such
county executive setting forth: (1) the name of the authority; (2) the
names of the members appointed by the county executive and their terms
of office; and (3) the effective date of this title.
(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 jointly in the cities, towns and villages in the service area in
such a manner as prescribed by law.
7. 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 of 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.
8. Nothing in this title shall be construed to obligate the state in
any way in connection with the operations or obligations of the
authority.