1299-c. Niagara Frontier transportation authority. 1. (a) There is
hereby created the "Niagara Frontier transportation authority." The
authority shall be a body corporate and politic constituting a public
benefit corporation. The authority shall consist of a chairman, ten
voting members and shall have one non-voting member as described in
paragraph (b) of this subdivision appointed by the governor by and with
the advice and consent of the senate. The chairman and all members shall
be residents of the district. Of the ten voting members other than the
chairman, one shall be appointed upon the written recommendation of the
Erie county executive, one shall be appointed upon the written
recommendation of the Erie county legislature, and at least one shall be
a transit dependent individual. The chairman and each of the members
shall be appointed for a term of eight years, provided however, that the
chairman first appointed shall serve for a term ending June thirtieth,
nineteen hundred seventy-three, and of the eight other members first
appointed, one shall serve for a term ending June thirtieth, nineteen
hundred sixty-eight, two shall serve for a term ending June thirtieth,
nineteen hundred sixty-nine, one shall serve for a term ending June
thirtieth, nineteen hundred seventy, two shall serve for a term ending
June thirtieth, nineteen hundred seventy-one, one shall serve for a term
ending June thirtieth, nineteen hundred seventy-two and one shall serve
for a term ending June thirtieth, nineteen hundred seventy-three. The
term of one of the members appointed to memberships first created by law
after April first, nineteen hundred sixty-nine shall end on June
thirtieth, nineteen hundred seventy-four, and the term of the other such
member shall end on June thirtieth, nineteen hundred seventy-five.
Following the expiration of any term ending on or after June thirtieth,
nineteen hundred eighty-seven, each member shall be appointed for a term
of five years beginning on the day after the expiration date of such
prior term; provided, however, that the term of the member first
appointed upon the written recommendation of the Erie county executive
and the term of the member first appointed upon the written
recommendation of the Erie county legislature shall be for a term ending
on June thirtieth, nineteen hundred ninety-six.

(b) The non-voting member of the authority, who shall not be
considered in determining a quorum, shall be recommended to the governor
by the labor organization representing the plurality of the employees
within the authority and shall be a resident of the Niagara Frontier
transportation district as described in section twelve hundred
ninety-nine-b of this title. Such non-voting member shall be appointed
for a term of five years, provided, however, that if at any time during
the term of appointment such non-voting member ceases to be affiliated
with the labor organization representing the plurality of employees
within the authority, then such labor organization may at any time
during such term recommend a new member to the governor who shall serve
the remainder of the term. If the local bargaining unit decertifies its
existing union affiliation and certifies a new union, the union which
represents the plurality of the employees may recommend a new member to
the governor who shall serve the remainder of the term. The chairman of
the authority, at his or her discretion, may exclude such non-voting
member from attending any portion of a meeting of the authority or of
any committee held for the purpose of discussing negotiations with labor
organizations, pending litigation involving the labor organization, or
the investigation, evaluation, or discipline of an employee.

(c) The transit dependent individual appointed pursuant to paragraph
(a) of this subdivision shall be appointed by the governor. Such member
shall be a resident of a county described in paragraph (a) of this
subdivision. If a vacancy shall occur, a replacement shall be appointed
within six months, subject to the same appointment process set forth in
this paragraph. Any local or statewide transit advocacy organization may
recommend one or more transit dependent individuals to be considered for
appointment pursuant to this section.

2. The members of the authority, including the chairman shall not
receive a salary or other compensation. Upon formal adoption of policies
and guidelines by the authority, each member, including the chairman,
shall be entitled to reimbursement for actual and necessary expenses
incurred in the performance of official duties.

3. A majority of the whole number of members of the authority then in
office shall constitute a quorum for the transaction of any business or
the exercise of any power of the authority. Except as otherwise
specified in this title, for the transaction of any business or the
exercise of any power of the authority, the authority shall have power
to act by a majority of the members present at any meeting at which a
quorum is in attendance.

4. The chairman shall preside over the board and shall establish
committees to assist the board in carrying out its duties, including but
not limited to a committee on operations and personnel; a committee on
finance and audit; and a committee on capital planning. The chairman
shall appoint members of the authority to such committees.

5. The authority shall be a "state agency" for the purposes of
sections seventy-three and seventy-four of the public officers law.

6. Notwithstanding any inconsistent provisions of this or any other
law, general, special or local, no officer or employee of the state, or
of any public corporation as defined in the general corporation law,
shall be deemed to have forfeited or shall forfeit his office or
employment or any benefits provided under the retirement and social
security law or under any public retirement system maintained by the
state or any of its subdivisions by reason of his acceptance of
membership on or chairmanship of the authority; provided, however, a
chairman who holds such other public office or employment shall receive
no additional compensation for services rendered pursuant to this title,
but the members and chairman shall be entitled to reimbursement for
their actual and necessary expenses incurred in the performance of such
services.

7. 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 member shall be
so 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.

8. The authority shall continue so long as it shall have bonds or
other obligations outstanding and until its existence shall be
terminated by law. Upon the termination of the existence of the
authority, all its rights and properties shall pass to and be vested in
the state, except that the Buffalo projects, together with all property
and assets held and acquired by the authority or by the Niagara Frontier
port authority in connection therewith, shall thereupon become the
property of and shall be under the jurisdiction, control and possession
of the city of Buffalo. As used herein, the Buffalo projects shall mean
(a) the greater Buffalo international airport; (b) the Buffalo municipal
piers project formerly owned and operated by the city of Buffalo at the
foot of Michigan avenue on the Buffalo harbor, in the city of Buffalo;
and (c) the Buffalo small boat harbor project formerly owned and
operated by the city of Buffalo for the mooring of small craft and
boats, located on Fuhrmann boulevard and the Buffalo harbor, in the city
of Buffalo.

9. Notwithstanding the provisions of paragraph eight of this section
or any other provisions of law, the authority may purchase and the city
of Buffalo may sell its reversionary interests in any of the projects
mentioned in paragraph eight of this section and in such event, upon
termination of the authority by law, any project so acquired shall
revert to and become the property of the state.