§ 327. New York state interoperable and emergency communication board
membership. 1. The board shall consist of twenty-five members who shall
be selected as follows:

(a) one shall be the statewide interoperable and emergency
communication coordinator, or his or her designee, who shall be the
chairperson of the board;

(b) one shall be the commissioner of criminal justice services, or his
or her designee;

(c) one shall be the superintendent of the state police, or his or her
designee;

(d) one shall be the adjutant general of the division of military and
naval affairs, or his or her designee;

(e) one shall be the commissioner of the division of homeland security
and emergency services, or his or her designee;

(f) one shall be the commissioner of the department of transportation,
or his or her designee;

(g) one shall be the commissioner of the department of health, or his
or her designee;

(h) one shall be the director of the office of information technology
services, or his or her designee;

(i) seven shall be appointed by the governor; provided, however, that
no more than two such appointments made pursuant to this paragraph shall
be from the same category of members as provided for in subdivision two
of this section;

(j) five shall be appointed by the governor upon the recommendation of
the temporary president of the senate; provided, however, that no more
than one such appointment made pursuant to this paragraph shall be from
the same category of members as provided for in subdivision two of this
section; and

(k) five shall be appointed by the governor upon the recommendation of
the speaker of the assembly; provided, however, that no more than one
such appointment made pursuant to this paragraph shall be from the same
category of members as provided for in subdivision two of this section.

2. The members appointed upon the recommendation of the temporary
president of the senate and the speaker of the assembly, and the members
appointed by the governor pursuant to paragraph (c) of subdivision one
of this section, shall have experience with interoperable and emergency
communication issues, and shall be representative of chiefs of police,
sheriffs, fire chiefs and departments, ambulance service providers,
including proprietary or volunteer ambulance services, county 911
coordinators, emergency managers, local elected officials,
non-governmental organizations specializing in disaster relief, tribal
nation representation, and statewide first responder associations, or
representatives of consumer interests.

3. Each board member shall be appointed for a term of four years.
Vacancies in the board occurring otherwise than by expiration of a term
shall be filled for the unexpired term in the same manner as the
original appointment. The board shall meet as frequently as it may deem
necessary and at least four times each year on such dates as agreed upon
by the board. The board may approve and from time to time amend bylaws
in relation to its meetings and the transaction of its business. A
majority of the members of the board then in office shall constitute a
quorum for the transaction of any business or the exercise of any power
by the board.

4. Members of the board shall receive no compensation for their
services, but shall be reimbursed for actual and necessary expenses
incurred by them in the performance of their duties. Notwithstanding any
inconsistent provisions of law, no officer or employee of the state or
any political subdivision of the state shall forfeit such office or
employment by reason of acceptance or appointment as a member of the
board. For purposes of section thirteen of article thirteen of the state
constitution, membership on the board by a sheriff shall not constitute
public office.

5. Article two of the state administrative procedure act shall not
apply, provided, however, that the board shall publicly post the
standards proposed pursuant to section three hundred twenty-eight of
this article no later than forty-five days prior to their adoption. Such
standards shall be posted in appropriate publications, the state
register and on the division of homeland security and emergency
services' website. During such forty-five day period, the board shall
receive and consider public comment on the proposed standards before
adopting final standards. Upon final adoption, those standards adopted
pursuant to section three hundred twenty-eight of this article shall be
posted in appropriate publications, the state register and on the
division of homeland security and emergency services' website.

6. The board shall be subject to articles six and seven of the public
officers law.