Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 2052-C
Oneida county sports facility authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 13-L
§ 2052-c. Oneida county sports facility authority. 1. A public
corporation, to be known as the "Oneida county sports facility
authority" is hereby created for the public purposes and charged with
the duties and having the powers provided in this title. The authority
shall be a body corporate and politic constituting a public benefit
corporation, the objects of which in the judgment of the legislature
cannot be attained under general laws. The board of the authority shall
consist of a total of seven members, three of whom shall be appointed by
the county executive, without confirmation of the county board of
legislators, and four of whom shall be appointed by the county board of
legislators, without county executive right to veto. The first members
appointed by the county executive shall be appointed for the following
terms of office: one for a term ending on December thirty-first of the
first year following the year in which this title shall have become law,
one for a term ending on December thirty-first of the third year
following the year in which this title shall have become law and one for
a term ending on December thirty-first of the fifth year following the
year in which this title shall have become law. The first members
appointed by the county board of legislators shall have the following
terms of office: one for a term ending on December thirty-first of the
first year following the year in which this title shall have become law,
one for a term ending on December thirty-first of the third year
following the year in which this title shall have become law, and two
for a term ending on December thirty-first of the fifth year following
the year in which this title shall have become law. Subsequent
appointments of members shall be made for a term of five years ending in
each case on December thirty-first of the last year of such term. All
members shall continue to hold office until their successors are
appointed and qualify. Vacancies shall be filled in the manner provided
for original appointment. Vacancies, occurring otherwise than by
expiration of term of office, shall be filled by appointment for the
unexpired terms. Members may be removed from office for the same reasons
and in the same manner as may be provided by law for the removal of
officers of the county. The members of the authority shall receive no
compensation for their services, but shall be reimbursed for their
actual and necessary expenses incurred in connection with the carrying
out of the purposes of this title. The powers of the authority shall be
vested in and be exercised by the board at a meeting duly called and
held where a quorum of four members are present. No action shall be
taken except pursuant to the favorable vote of at least four voting
members. The board may delegate to one or more of its members, officers,
agents or employees such powers and duties as it may deem proper.

2. The officers of the authority shall consist of a chairman, who
shall be a member of the authority, and a vice-chairman and a treasurer,
who shall be members of the authority, and a secretary, who need not be
a member of the authority. Such officers shall be appointed by the board
and shall serve in such capacities at the pleasure of the board. In
addition to the secretary, the board may appoint and at pleasure remove
such additional officers and employees as it may determine necessary for
the performance of the powers and duties of the authority and fix and
determine their qualifications, duties and compensation, subject to the
provisions of the civil service law. The appointment and promotion of
all employees of the authority shall be made in accordance with the
provisions of the civil service law and county civil service rules, and
such employees shall be entitled to membership in the county pension and
retirement system, and shall be entitled to the same rights and
obligations thereunder as the employees of the county. The board may
also from time to time contract for expert professional services, and
may retain or employ counsel, auditors, engineers and private
consultants on a contract basis or otherwise for rendering professional
or technical services and advice. The treasurer shall execute a bond,
conditioned upon the faithful performance of the duties of his or her
office, the amount and sufficiency of which shall be approved by the
board and the premium therefor which shall be paid by the authority.

3. Notwithstanding any inconsistent provision of any general, special
or local law, ordinance, resolution or charter, no officer, member or
employee of the state, any municipality or any public benefit
corporation shall forfeit his or her office or employment by reason of
his or her acceptance of appointment as a member, officer, agent or
employee of the authority, nor shall service as such member, officer,
agent or employee be deemed incompatible or in conflict with such
office, membership or employment and any such officer, member or
employee may accept such appointment and serve as a member, officer,
agent or employee of the authority without forfeiture of any other
office or position of public employment by reason thereof.

4. (a) The county executive shall file on or before December
thirty-first of the year in which this title shall have become a law, in
the office of the secretary of state, a certificate signed by the county
executive setting forth: (1) the name of the authority; (2) the names of
the members initially appointed and their terms of office; and (3) the
effective date of this title. The authority shall be perpetual in
duration, except that if such certificate is not filed with the
secretary of state on or before such date, then the corporate existence
of the authority shall thereupon terminate and it shall thereupon be
deemed to be and shall be dissolved.

(b) Except as provided in paragraph (a) of this subdivision, the
authority and its corporate existence shall continue until terminated by
law. Upon termination of the existence of the authority, all of the
rights and each project of the authority then remaining shall pass to
and vest in the county.

5. It is hereby determined and declared, that the authority and the
carrying out of its powers and duties are in all respects for the
benefit of the people of the county and the state for the improvement of
their health, welfare and prosperity and that such purposes are public
purposes and that the authority is and will be performing an essential
governmental function in the exercise of the powers conferred upon it by
this title.