§ 1303. Capital District transportation authority. 1. (a) There is
hereby created the Capital District transportation authority. The
authority shall be a body corporate and politic constituting a public
benefit corporation. It shall consist of not less than eight nor more
than fifteen members, including a chairman and shall have one non-voting
member as described in paragraph (b) of this subdivision. At least one
voting member shall be a transit dependent individual who shall be
appointed by the governor. If a vacancy occurs for such transit
dependent individual member position, a replacement shall be appointed
within six months, subject to the same appointment process within this
paragraph. 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 six names, all of whom shall be residents of the county of Albany,
four of which names shall be submitted to the governor by the majority
party of the legislature of the county of Albany and two of which names
shall be submitted by the minority party of such legislature; two
members shall be appointed to the authority from a list of four names,
all of whom shall be residents of the county of Schenectady, three of
which names shall be submitted to the governor by the majority party of
the legislature of the county of Schenectady and one of which names
shall be submitted by the minority party of such legislature; two
members shall be appointed to the authority from a list of four names,
all of whom shall be residents of the county of Rensselaer, three of
which names shall be submitted to the governor by the majority party of
the legislature of the county of Rensselaer and one of which names shall
be submitted by the minority party of such legislature; two members
shall be appointed to the authority from a list of four names, all of
whom shall be residents of the county of Saratoga, three of which names
shall be submitted to the governor by the majority party of the
legislature of the county of Saratoga and one of which names shall be
submitted by the minority party of such legislature. Other counties
electing to participate shall each submit to the governor a list of two
persons each of whom shall be a resident of such county, one of which
names shall be submitted to the governor by the majority party of the
legislature of such county and one of which names shall be submitted by
the minority party of such legislature, from which number the governor
shall appoint one member for each such county so electing to
participate. In addition to the members representing each county, the
governor shall appoint one voting member who is a transit dependent
individual who resides in a county within the district. Any local or
statewide transit advocacy organization may recommend one or more
transit dependent individuals to be considered for appointment pursuant
to this section.

(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 Capital District
transportation district as described in section thirteen hundred two of
this title. The non-voting member shall be appointed for a term of five
years, provided, however, that if at any time during the term of
appointment the 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.

2. The members of the authority shall continue in office until their
successors are appointed and shall have qualified. One of the members
appointed from the county of Albany shall be appointed for a term ending
July thirty-first, nineteen hundred seventy-two; one of the members
appointed from the counties of Albany, Schenectady, Rensselaer and
Saratoga, respectively, shall be appointed for terms ending July
thirty-first, nineteen hundred seventy-three, respectively; one of the
members appointed from the counties of Albany, Schenectady, Rensselaer
and Saratoga, respectively, shall be appointed for terms ending July
thirty-first, nineteen hundred seventy-four, respectively. 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
of, from the same area and by the same procedure as his predecessor.
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.

3. The members of the authority shall not receive a salary or other
compensation, but each member shall be entitled to reimbursement of
actual and necessary expenses incurred in the performance of his or her
official duties.

4. A majority of the whole number of members of the authority 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 of the
members present at any meeting at which a quorum is in attendance.

5. The authority shall organize by the selection from its members of a
chairman, vice-chairman and secretary. 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 provision 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 Capital District 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.