§ 1299-dd. Rochester-Genesee regional transportation authority. 1.
(a) There is hereby created the Rochester-Genesee regional
transportation authority. The authority shall be a body corporate and
politic constituting a public benefit corporation. It shall consist of:
(i) at least one member from each county that elects to join the
authority except that the county of Monroe shall have seven members of
whom three shall be appointed from the city of Rochester and four at
large from the county of Monroe, (ii) and a voting member who is a
transit dependent individual appointed pursuant to paragraph (c) of this
subdivision, and (iii) one non-voting member as described in paragraph
(b) of this subdivision. The members shall be appointed by the governor
by and with the advice and consent of the senate. The governor shall
make initial appointments to the authority in such number and from lists
submitted as follows: three members shall be appointed to the authority
from a list of not less than six names, all of whom must be residents of
the city of Rochester, submitted to the governor by the council of the
city of Rochester; four persons from a list of not less than eight
persons, all of whom must be residents of the county of Monroe submitted
by the legislature of the county of Monroe. Other counties electing to
participate shall each submit to the governor a list of not less than
two persons for each one hundred thousand or major fraction of the total
population, as determined by the last federal decennial or federal
county-wide special census. From the counties outside the county of
Monroe which shall elect to participate, the governor shall appoint one
member for each one hundred thousand or major fraction of the total
population, as determined by the last federal decennial or federal
county-wide special census, with a minimum of one member to represent
each county outside the county of Monroe so electing to participate. All
members of the authority shall be residents of the area from which they
are nominated.

(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 Rochester-Genesee
regional transportation district as described in section twelve hundred
ninety-nine-cc 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 voting member who is a transit dependent individual as
described in paragraph (a) of this subdivision shall be appointed by the
governor for a term of five years. Such member shall be a resident of a
county within the district. If a vacancy occurs for such position, a
replacement shall be appointed within six months pursuant to this
process. Any local or statewide transit advocacy organization may
recommend one or more transit dependent individuals to be considered
pursuant to this section.

2. The members of the authority shall continue in office until their
successors are appointed and shall have qualified. One member appointed
from the city of Rochester and one member appointed from the county of
Monroe shall be appointed for terms ending July thirty-first, nineteen
hundred seventy-one; one member appointed from the city of Rochester and
two members appointed from the county of Monroe shall be appointed for
terms ending July thirty-first, nineteen hundred seventy-two; and one
member appointed from the city and one member appointed from the county
of Monroe shall be appointed for terms ending July thirty-first,
nineteen hundred seventy-three. The member (or members) who is (or are)
appointed from the other counties shall be appointed for a term (or
terms) of five years, but all terminating on the thirty-first day of
July of the fifth year. Thereafter, upon expiration of the term of a
member of the authority a successor shall be appointed by the governor
for a term expiring five years after the expiration of the term of his
predecessor. If a vacancy shall occur by reason of a death,
disqualification, resignation or removal of a member, the successor
shall be appointed by the governor for the unexpired term. Persons
succeeding members from the city of Rochester and the county of Monroe
on the authority shall be appointed from the same area and by the same
procedure as the original appointments. In the event of a vacancy as
defined herein, the successor appointed by the governor for an unexpired
term shall be from the same area. The same procedure shall be followed
for the filling of vacancies of members appointed from other counties.
Members of the authority shall, before entering upon the duties of their
office, take the constitutional oath of office and file the same in the
office of the secretary of state. No person while serving in any
elective office shall be eligible to serve as a member of the authority.
The members of the authority shall officially be designated and referred
to as commissioners.

3. The members of the authority, including the chairman, shall not
receive a salary or other compensation when rendering service as a
member of the authority or as a member of one of its subsidiary
corporations, but shall be entitled to reimbursement for actual and
necessary expenses incurred in the performance of their official duties.

4. A majority of the whole number of votes of members of the
authority, including the voting member who is a transit dependent
individual as described in subdivision one of this section, shall
constitute a quorum for the transaction of business or the exercise of
any power of the authority. Except as otherwise specified in this act,
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 vote of
the members present at any meeting at which a quorum is in attendance.
Each member of the authority shall have one vote for each thirty-five
thousand or major fraction thereof of the population of the county or
city from which he is appointed based upon the results of the last
federal decennial or federal county-wide special census divided by the
total number of members appointed from such county or city, except that
the voting member who is a transit dependent individual as described in
subdivision one of this section shall have one vote in total. The
minimum number of votes each member shall have, regardless of
population, is one. The votes of all members shall be calculated with
fractions being rounded to the nearest whole number. The population of a
county for the purposes of this provision is the total population of
such county less the population of any city which is entitled to have
members appointed on the authority.

5. The authority shall organize by the selection from its members of a
chairman, vice chairman, secretary and such other officers as the
members may deem necessary. It shall adopt such rules as it may deem
necessary and proper for the government of its own proceedings, and
shall keep a record of such proceedings.

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

7. 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
member or chairman who holds such other public office or employment
shall be entitled to reimbursement for his actual and necessary expenses
incurred in the performance of such services.

8. 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.

9. 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.

10. Each of the counties that elect to become participating members of
the Rochester-Genesee regional transportation district may do so by
resolution adopted by a majority of the membership of its governing body
and such election by a county shall take effect upon the filing of a
duly certified copy of such resolution with the authority and with the
secretary of state, and the mailing of a certified copy thereof to the
county clerk of each county which is granted the power of election under
the provisions of this act.