* § 2350-c. Suffolk county judicial facilities agency. 1. A public
corporation, to be known as the "Suffolk county judicial facilities
agency" is hereby created for the public purposes and charged with the
duties and having the powers provided in this title. The agency 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 governing body of the agency shall
consist of a body totaling six members, all of whom shall be residents
of the county, one of whom shall be appointed by the presiding officer
of the county legislature, without confirmation by the county
legislature, one of whom shall be appointed by the minority leader of
the county legislature, without confirmation by the county legislature,
two of whom shall be appointed by the county legislature but not subject
to review or veto by the county executive and two of whom shall be
appointed by the county executive but not subject to review or veto by
the county legislature. The terms of the members of the governing body
of the agency serving on the effective date of the chapter of the laws
of two thousand thirteen that amended this section shall expire on the
sixtieth day following such effective date. On or before the sixtieth
day, six members shall be appointed by the persons having the authority
to make such appointments under this section. Former members of the
governing body of the corporation may be reappointed in the discretion
of the appointing authority. The appointing authorities shall consult
together in making their appointments in an effort to achieve the goal
of having at least one member of the board with a background in each of
the following areas of experience: finance, operation of correctional
facilities, operation of judicial facilities, construction, and real
estate. Each member so appointed shall serve for a term of three years,
provided, however, that the members first appointed to the six member
board by the presiding officer and the minority leader of the county
legislature shall be appointed for an initial term of two years and the
members first appointed to the six member board by the county
legislature shall be appointed for an initial term of four years.
Failure by any party to appoint any member shall not invalidate the
creation or establishment of the agency and shall result in the creation
of a vacancy in the governing body of the agency which may be filled at
any time by such party. The clerk of the county legislature shall notify
the county executive and, after the appointment of the initial members,
the agency, of each appointment setting forth (a) the name of the agency
and (b) the name of the member appointed and the member's term of
office. All such 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 by their
appointing authority for inefficiency, neglect of duty or misconduct in
office; provided, however, that such member shall be given a copy of the
charges against him or her and an opportunity of being heard in person,
or by counsel, in his or her defense upon not less than ten days notice.
Members of the agency shall receive no compensation for their services,
but may be reimbursed for their actual and necessary expenses incurred
in connection with the carrying out of the purposes of this title.

2. (a) The powers of the agency shall be vested in and be exercised by
the governing body at a meeting duly called and held where a quorum of a
majority of the entire voting strength of the members are present. No
action shall be taken except pursuant to the favorable vote of at least
three favorable votes. The governing body may delegate to one or more of
its members, officers, agents or employees such powers and duties as it
may deem proper.

(b) Notwithstanding any inconsistent provisions of any general,
special or local law, ordinance, resolution or charter, no officer,
member or employee of the state, the county, any other municipality, or
any public benefit corporation, shall forfeit his or her office of
employment by reason of his or her acceptance of appointment as a
member, officer, agent or employee of the agency, nor shall service as
such member, officer, agent or employee be deemed incompatible or in
conflict with such office, membership or employment.

3. (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: (i) the name of the agency; (ii) the names of
the members initially appointed, and their terms of office; and (iii)
the effective date of this title.

(b) The agency shall be perpetual in duration and its corporate
existence shall continue until terminated by law; provided, however,
that no such law shall take effect so long as the agency shall have
bonds or other obligations outstanding unless adequate provision has
been made for the payment or satisfaction thereof. Upon termination of
the existence of the agency, all of the rights and properties of the
agency then remaining shall pass to and vest in the county.

4. The officers of the agency shall consist of a chair, who shall be a
member of the agency, and a vice-chair and a treasurer, who shall be
members of the agency, and a secretary, who need not be a member of the
agency. Such officers shall be appointed by the governing body and shall
serve in such capacities at the pleasure of the governing body. The
agency may require the treasurer to 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 governing body and the
premium therefor shall be paid by the agency.

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

* NB Repealed December 31, 2023