Legislation
SECTION 1973
Battery park city authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 12
§ 1973. Battery park city authority. (1) There is hereby created the
battery park city authority which shall be a body corporate and politic,
constituting a public benefit corporation. Its membership shall consist
of seven members to be appointed by the governor with the advice and
consent of the senate. One of the members first appointed shall serve
for a term ending four years from January first next succeeding his
appointment; one of such members shall serve for a term ending five
years from such date; and one of such members shall serve for a term
ending six years from such date. Provided, however, that two board
members first appointed on or after the effective date of chapter seven
hundred sixty-six of the laws of two thousand five shall serve an
initial term of two years; provided further that two other board members
first appointed on or after the effective date of chapter seven hundred
sixty-six of the laws of two thousand five shall serve an initial term
of four years. Their successors shall serve for terms of six years each.
Members shall continue in office until their successors have been
appointed and qualified and the provisions of section thirty-nine of the
public officers law shall apply. In the event of a vacancy occurring in
the office of a member by death, resignation or otherwise, the governor
shall appoint a successor with the advice and consent of the senate to
serve for the balance of the unexpired term. After the effective date of
the chapter of the laws of two thousand seventeen that amended this
subdivision, if the membership of the corporation is such that less than
two of the members are residents of Battery Park city as described by
the Battery Park project area defined by subdivision five of section
nineteen hundred seventy-two of this title, any appointments made shall
be residents of Battery Park city. Appointments shall continue in such a
manner until two of the members of the corporation are residents of
Battery Park city. Thereafter, two of the corporation's members shall be
residents of Battery Park city.
(1-a) All board members shall recuse themselves from matters pending
before the board in the event of a conflict of interest, consistent with
the provisions of subdivision three of this section and subdivision two
of section twenty-eight hundred twenty-five of this chapter, sections
seventy-three and seventy-four of the public officers law, and relevant
authorities budget office guidance.
(1-b) All board members appointed under the provisions of this section
shall have relevant real estate, corporate board, financial, legal,
urban planning and/or design, architectural, governmental or security
experience.
(2) The members shall elect the chairman of the authority from among
their number. The members shall serve without salary or other
compensation, but each member shall be entitled to reimbursement for
actual and necessary expenses incurred in the performance of his or her
official duties. Anything to the contrary contained herein
notwithstanding, any member who serves as an employee of the authority
shall be entitled to receive such salary as the members may determine
for services as such employee.
(3) Such members other than those serving as employees of the
authority may engage in private employment, or in a profession or
business. The authority, its members, officers and employees shall be
subject to the provisions of sections seventy-three and seventy-four of
the public officers law.
(4) Notwithstanding any inconsistent provision of law, general,
special or local, no officer of the state or of any civil division
thereof shall be deemed to have forfeited or shall forfeit his office or
employment by reason of his acceptance of membership on the authority
created by this section.
(5) 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 such member
shall be removed, the governor shall file in the office of the
department of state a complete statement of the charges made against
such member and his findings thereon, together with a complete record of
the proceedings.
(6) The authority in its corporate existence shall continue until
terminated by law, provided, however, that no such law shall take effect
so long as the authority shall have bonds, notes and other obligations
outstanding, unless adequate provision has been made for the payment
thereof in the documents securing the same. Upon termination of the
existence of the authority, all its rights and properties shall vest in
the state.
(7) A majority of the members of the authority shall constitute a
quorum for the transaction of any business or the exercise of any power
or function of the authority. The authority may delegate to one or more
of its members, or to its officers, agents or employees, such powers and
duties as it may deem proper.
battery park city authority which shall be a body corporate and politic,
constituting a public benefit corporation. Its membership shall consist
of seven members to be appointed by the governor with the advice and
consent of the senate. One of the members first appointed shall serve
for a term ending four years from January first next succeeding his
appointment; one of such members shall serve for a term ending five
years from such date; and one of such members shall serve for a term
ending six years from such date. Provided, however, that two board
members first appointed on or after the effective date of chapter seven
hundred sixty-six of the laws of two thousand five shall serve an
initial term of two years; provided further that two other board members
first appointed on or after the effective date of chapter seven hundred
sixty-six of the laws of two thousand five shall serve an initial term
of four years. Their successors shall serve for terms of six years each.
Members shall continue in office until their successors have been
appointed and qualified and the provisions of section thirty-nine of the
public officers law shall apply. In the event of a vacancy occurring in
the office of a member by death, resignation or otherwise, the governor
shall appoint a successor with the advice and consent of the senate to
serve for the balance of the unexpired term. After the effective date of
the chapter of the laws of two thousand seventeen that amended this
subdivision, if the membership of the corporation is such that less than
two of the members are residents of Battery Park city as described by
the Battery Park project area defined by subdivision five of section
nineteen hundred seventy-two of this title, any appointments made shall
be residents of Battery Park city. Appointments shall continue in such a
manner until two of the members of the corporation are residents of
Battery Park city. Thereafter, two of the corporation's members shall be
residents of Battery Park city.
(1-a) All board members shall recuse themselves from matters pending
before the board in the event of a conflict of interest, consistent with
the provisions of subdivision three of this section and subdivision two
of section twenty-eight hundred twenty-five of this chapter, sections
seventy-three and seventy-four of the public officers law, and relevant
authorities budget office guidance.
(1-b) All board members appointed under the provisions of this section
shall have relevant real estate, corporate board, financial, legal,
urban planning and/or design, architectural, governmental or security
experience.
(2) The members shall elect the chairman of the authority from among
their number. The members shall serve without salary or other
compensation, but each member shall be entitled to reimbursement for
actual and necessary expenses incurred in the performance of his or her
official duties. Anything to the contrary contained herein
notwithstanding, any member who serves as an employee of the authority
shall be entitled to receive such salary as the members may determine
for services as such employee.
(3) Such members other than those serving as employees of the
authority may engage in private employment, or in a profession or
business. The authority, its members, officers and employees shall be
subject to the provisions of sections seventy-three and seventy-four of
the public officers law.
(4) Notwithstanding any inconsistent provision of law, general,
special or local, no officer of the state or of any civil division
thereof shall be deemed to have forfeited or shall forfeit his office or
employment by reason of his acceptance of membership on the authority
created by this section.
(5) 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 such member
shall be removed, the governor shall file in the office of the
department of state a complete statement of the charges made against
such member and his findings thereon, together with a complete record of
the proceedings.
(6) The authority in its corporate existence shall continue until
terminated by law, provided, however, that no such law shall take effect
so long as the authority shall have bonds, notes and other obligations
outstanding, unless adequate provision has been made for the payment
thereof in the documents securing the same. Upon termination of the
existence of the authority, all its rights and properties shall vest in
the state.
(7) A majority of the members of the authority shall constitute a
quorum for the transaction of any business or the exercise of any power
or function of the authority. The authority may delegate to one or more
of its members, or to its officers, agents or employees, such powers and
duties as it may deem proper.