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This entry was published on 2014-09-22
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SECTION 2703
Development authority of the north county
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 29
§ 2703. Development authority of the north county. 1. A corporation
known as the development authority of the north country 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. Its
membership shall consist of a board of thirteen members chosen as
follows: five non-voting members appointed by the governor, one of whom
shall be upon the recommendation of the temporary president of the
senate, and one of whom shall be upon the recommendation of the speaker
of the assembly; two members, who shall be residents of the county of
Jefferson, shall be appointed by the board of supervisors of such
county; two members, who shall be residents of the county of Lewis,
shall be appointed by the county legislature of such county; two members
who shall be residents of the county of St. Lawrence, shall be appointed
by the county legislature of such county; and two members, who shall be
residents of the city of Watertown, shall be appointed by the common
council of the city of Watertown. The local governing bodies of each of
the participating counties and the city of Watertown shall adopt
resolutions providing for the appointments of such members and shall
transmit copies of such resolutions to the governor, the temporary
president of the senate and the speaker of the assembly before such
members take office. The first members of the authority shall be
appointed for the following terms from the effective date of their
appointment: one member to be appointed by the county legislatures of
each of the counties of Lewis and St. Lawrence, the two members
appointed by the governor upon the recommendation of the temporary
president of the senate and the speaker of the assembly and one member
to be appointed by the common council of the city of Watertown for a
term of four years; one member to be appointed by the board of
supervisors or county legislature of each of the counties of Lewis,
Jefferson and St. Lawrence, and three members appointed by the governor
for a term of two years; one member to be appointed by the board of
supervisors of the county of Jefferson and one member to be appointed by
the common council of the city of Watertown for a term of two years. The
voting members of the authority shall choose from their number a
chairman by majority vote of such members then in office. Each member
shall continue in office until such member's successor has been
appointed and qualifies. Each appointment following the expiration of
the original terms of appointment shall be for a term of four years. In
the event of a vacancy occurring in the office of any member, other than
by the expiration of a member's term, such vacancy shall be filled for
the balance of the unexpired term, if applicable, in the same manner as
the original appointment.

2. The powers of the authority shall be vested in the voting members
thereof in office from time to time and a majority of voting members and
a majority of non-voting members shall constitute a quorum at any
meeting of the authority. In cases of a tie vote, the chairman shall
cast an additional vote. No vacancy in the membership of the authority
shall impair the right of such members to exercise all the rights and
perform all the duties of the authority. Any action taken by the
authority under the provisions of this title may be authorized at a
meeting of the authority by resolution approved by a majority of the
total number of voting members then in office, which resolution shall
take effect immediately, or, unless inconsistent with the provisions of
article seven of the public officers law, any action may be taken by a
resolution circulated or sent to each member of the authority, which
shall take effect at such time as all of the voting members then in
office shall have signed an assent to such resolution and such assents
are filed with the minutes of the proceedings. Any non-voting member who
serves as an officer or employee of the state, or any political
subdivision thereof, shall be entitled to designate a representative to
attend, in his or her place, meetings of the board and to act in his or
her behalf. Written notice of such designation shall be furnished to the
board by the designating member prior to any meeting attended by his
representative. Any representative shall serve at the pleasure of the
designating member. No representative shall be authorized to delegate
any of his duties or functions to any other person. The authority may
delegate by resolution to one or more of its members, officers, agents
and employees such powers and duties as the voting members may deem
proper.

3. The members of the authority shall serve without salary or other
compensation but each member shall be entitled to reimbursement for
actual and necessary expenses incurred by such member in the performance
of the official duties as a member.

4. Subject to the provisions of this subdivision, members of the
authority may engage in private employment, or in a profession or
business. The members, officers and employees of the authority shall be
deemed to be state officers or employees and the authority shall be
deemed to be a state agency solely for the purposes of sections
seventy-three and seventy-four of the public officers law, which
sections are hereby made applicable to the authority and its members,
officers and employees.

5. Notwithstanding any inconsistent provisions of this or any other
law, general, special or local, no officer or employee of the state, or
of any political subdivision thereof, shall be deemed to have forfeited
or shall forfeit any public office or employment by reason of such
person's acceptance of a membership on the authority; provided, however,
a member who holds such other public office or employment shall receive
no additional compensation or allowance for services rendered pursuant
to this title, but shall be entitled to reimbursement for the actual and
necessary expenses incurred in the performance of such services.

6. A member may be removed from office by the board for inefficiency,
neglect of duty, conflict of interest or misconduct in office after the
authority has given such member a copy of the charges against him or her
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,
there shall be filed with the chairman of the authority a complete
statement of the charges made against such member and the finding of
such board thereon, together with a complete record of the proceeding.

7. The authority and 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 or other obligations
outstanding, unless adequate provision has been made for the payment
thereof. Upon termination of the existence of the authority, all of the
rights and properties of the authority then remaining shall pass to and
be vested in the counties in accordance with such law.