§ 1328. Central New York regional transportation authority. 1. (a)
There is hereby created the central New York regional transportation
authority. The authority shall be a body corporate and politic
constituting a public benefit corporation. It shall consist of not more
than twelve 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 not less than six names, submitted to the governor by the common
council of the city of Syracuse, five members from a list of not less
than ten names, submitted by the legislature of the county of Onondaga
and two members shall be appointed from a list of not less than four
names submitted by the legislature of the county of Oneida. 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 nineteen hundred
seventy or any subsequent federal decennial or federal county-wide
special census, of the counties outside the county of Onondaga which
shall elect to participate, from which number the governor shall appoint
one member for each one hundred thousand or major fraction of the total
population, as determined by such federal decennial or federal
county-wide special census, with a maximum of three members to represent
such counties outside the county of Onondaga so electing to participate.
In addition to the members specified above, the governor shall appoint a
transit dependent individual as a voting member who resides within 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. The non-voting member shall be appointed for a
term of seven 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 member
recommended by the common council of the city of Syracuse and one member
recommended by the legislature of the county of Onondaga shall be
appointed for terms ending July thirty-first, nineteen hundred
seventy-five; one member recommended by the common council of the city
of Syracuse and two members recommended by the legislature of the county
of Onondaga shall be appointed for terms ending July thirty-first,
nineteen hundred seventy-six; and one member recommended by the common
council of the city of Syracuse and two members recommended by the
legislature of the county of Onondaga shall be appointed for terms
ending July thirty-first, nineteen hundred seventy-seven. The member (or
members) who is (or are) recommended by the other county legislatures or
board of supervisors shall be appointed for a term (or terms) of seven
years, but all terminating on the thirty-first day of July of the
seventh 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 seven years after the expiration of the term of his
predecessor. If a vacancy shall occur by reason of death,
disqualification, resignation or removal of a member, the successor
shall be appointed by the governor for the unexpired term. Persons
succeeding members recommended by the appropriate legislative bodies of
the city of Syracuse and the counties of Onondaga and Oneida on the
authority shall be appointed by the same procedure as the original
appointments. 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.

3. The members of the authority shall not receive a salary or other
compensation when rendering service as a member, 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 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.