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This entry was published on 2014-09-22
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SECTION 3853
Administration of the authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 10-D, TITLE 2
§ 3853. Administration of the authority. 1. The authority shall be
administered by nine directors, seven of which shall be appointed by the
governor. Of the seven directors, one such director shall be a resident
of the city of Buffalo; one such director shall be appointed following
the recommendation of the state comptroller; and one such director shall
be appointed on the joint recommendation of the temporary president of
the senate and the speaker of the assembly. The mayor and the county
executive shall serve as ex officio members. Every director, who is
otherwise an elected official of the city or county, shall be entitled
to designate a single representative to attend, in his or her place,
meetings of the authority and to vote or otherwise act in his or her
behalf. Such designees shall be residents of the city of Buffalo.
Written notice of such designation shall be furnished prior to any
participation by the single designee. Such single designee shall serve
at the pleasure of the representative, and shall not be authorized to
delegate any of his or her duties or functions to another person. Each
director appointed by the governor shall be appointed for a term of four
years, provided however, that four of the directors first appointed by
the governor, including the director appointed following the
recommendation of the state comptroller shall serve for a term ending
June thirtieth, two thousand seven, and the remaining three directors
first appointed by the governor including the director appointed on the
joint recommendation of the temporary president of the senate and the
speaker of the assembly and shall serve for a term ending June
thirtieth, two thousand nine. Each director shall hold office until his
or her successor has been appointed and qualified. Thereafter, each
director shall serve a term of four years, except that any director
appointed to fill a vacancy shall serve only until the expiration of his
or her predecessor's term.

2. The governor shall designate a chairperson and a vice-chairperson
from among the directors. The chairperson shall preside over all
meetings of the directors and shall have such other duties as the
directors may prescribe. The vice-chairperson shall preside over all
meetings of the directors in the absence of the chairperson and shall
have such other duties as the directors may prescribe.

3. The directors of the authority shall serve without salary, but each
director shall be reimbursed for actual and necessary expenses incurred
in the performance of such director's official duties as a director of
the authority.

4. Notwithstanding any inconsistent provision of any general, special
or local law, ordinance, resolution or charter, no officer, member or
employee of the state, any city, county, town or village, any
governmental entity operating any public school or college, any school
district or any other public agency or instrumentality which exercises
governmental powers under the laws of the state, shall forfeit his or
her office or employment by reason of his or her acceptance of
appointment as a director, officer or employee of the authority, nor
shall service as such director, officer or employee of the authority be
deemed incompatible or in conflict with such office or employment.

5. Five directors shall constitute a quorum for the transaction of any
business or the exercise of any power of the authority. No action shall
be taken by the authority except pursuant to a favorable vote of at
least five directors participating in a meeting at which such action is
taken.

6. The authority shall appoint a treasurer and may appoint officers
and agents as it may require and prescribe their duties.

7. At least annually, commencing no more than one year after the date
on which authority bonds, notes or other obligations are first issued,
the authority shall report to the council, comptroller, the director of
the budget, and the state comptroller on the amount of financing and the
cost savings for the city over the past year.

8. The authority shall cease to exist on June thirtieth, two thousand
thirty-seven.