§ 2608. New York state olympic regional development authority. 1. For
the purposes of effectuating the policy declared in section twenty-six
hundred six of this title, there is hereby created the "New York state
olympic regional development authority", referred to in this title as
"the authority", which shall be a body corporate and politic
constituting a public benefit corporation. The authority shall consist
of twelve members who shall be the commissioner of environmental
conservation, the commissioner of economic development, the commissioner
of parks, recreation and historic preservation and nine persons to be
appointed by the governor, by and with the advice and consent of the
senate. Of the nine persons appointed by the governor, by and with the
advice and consent of the senate, one each shall be appointed upon the
recommendation of the temporary president of the senate and the speaker
of the assembly. Three of the persons appointed by the governor, by and
with the advice and consent of the senate shall be appointed upon the
recommendation of the town board of the town of North Elba and shall be
residents of the park district. Two persons shall be appointed by the
governor, by and with the advice and consent of the senate, one of whom
shall reside in Ulster county and the other of whom shall reside in
Delaware county. One of the persons appointed by the governor, by and
with the advice and consent of the senate, shall be a resident of Warren
county. The governor shall appoint a chairperson, a vice-chairperson and
a second vice-chairperson from among any of the members of the authority
and such chairperson, vice-chairperson and second vice-chairperson shall
serve at the pleasure of the governor, provided, however, that the
vice-chairperson shall be appointed on the recommendation of the town
board of North Elba; and the second vice-chairperson shall be appointed
upon the recommendation of the town boards of the town of Shandaken in
Ulster county and the town of Middletown in Delaware county; and must be
a resident of Ulster or Delaware counties; with a majority vote of the
combined two town boards determining who shall be recommended to the
governor for appointment of that position. From among any candidates
recommended by the chairman, the members shall appoint a president/chief
executive officer of the authority.

The members first appointed by the governor shall be appointed within
thirty days of the effective date of this title. The members appointed
as a result of the enactment of the chapter of the laws of two thousand
twelve which amended this section, consisting of the eleventh and
twelfth board members, shall be appointed within ninety days of the
effective date of such chapter. The first members appointed by the
governor upon the recommendation of the temporary president of the
senate and the speaker of the assembly shall serve terms of three years
respectively from January first next succeeding their appointment. The
remaining four members first appointed by the governor shall serve terms
of one, two, four and five years respectively from January first next
succeeding their appointment. The fifth member appointed by the governor
shall serve a term of two years from January first, next succeeding his
or her appointment. Each appointment of a member following the
expiration of the original terms of the appointment shall be for a term
of five years. The members appointed by the governor who are required to
reside in either Delaware or Ulster counties shall be appointed for
terms of four years. Members shall continue to hold office until their
successors have been appointed and qualified. In the event of a vacancy
occurring during the term of a member's appointment, by reason of death,
resignation, disqualification or otherwise, such vacancy shall be filled
for the unexpired term in the same manner as the original appointment.

2. The members of the authority shall not receive a salary or other
compensation for their services as members of the authority but each
member shall be allowed reimbursement for the necessary and actual
expenses which he or she shall incur in the performance of his or her
duties under this title.

3. The president/chief executive officer shall serve at the pleasure
of the members and shall be responsible for the discharge of the
executive and administrative functions and exercise of any power or
function of the authority.

4. Seven 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,
officers, agents and employees, such powers and duties as it may deem
proper. The commissioner of environmental conservation, the commissioner
of economic development, the commissioner of parks and recreation and
any other member of the authority who is a full time employee of the
state or who holds public office may designate one person from his
department or from the public corporation in which he holds a public
office to represent him at all meetings of the authority from which such
member may be absent. Any representative so designated shall have the
power to attend and to vote at any meeting of the authority from which
the member so designating him is absent, with the same force and effect
as if the member designating him were present and voting. Such
designation shall be by written notice filed with the chairman of the
authority by the member making the designation and shall be for a term
of one year or until such representative shall resign or shall no longer
be employed by the department of which such member making the
designation is an employee or by the public corporation of which such
member making the designation holds a public office or until revoked by
the person making such designation. Such designation shall not limit the
power of the member making the designation to attend and vote in person
at any meeting of the authority.

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

6. Notwithstanding any inconsistent provisions of this or any other
law, general, special or local, no officer or employee of the state, as
defined in the public officers law, or of the park district shall be
deemed to have forfeited or shall forfeit his office of 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 of employment shall receive no
additional compensation for services rendered pursuant to this title,
but shall be entitled to reimbursement for his actual and necessary
expenses incurred in the performance of such services.

7. The governor may remove any member of the authority for cause,
other than the commissioner of environmental conservation, the
commissioner of economic development and the commissioner of parks and
recreation, 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.

8. The principal office of the authority shall be located in the town
of North Elba and the authority shall establish a second office at the
Belleayre Mountain ski center.

9. Nothing shall preclude the use of meetings and votes by video
conference or other conferencing which permits conferees to see the
other members during board meetings through television or the internet.