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 591
Membership, quorum, removal, funds and accounts, and eminent domain taking
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 3, TITLE 4
§ 591. Membership, quorum, removal, funds and accounts, and eminent
domain taking. Notwithstanding the provisions of any general, special or
local law, or any other provision of this chapter:

1. No public officer or employee shall be ineligible for appointment
as a member of the board, and any public officer or employee may accept
such appointment and serve as such member without forfeiture of any
other public office or position of public employment by reason thereof;

2. A majority of the whole number of the members of the board shall
constitute a quorum at a meeting duly held at a time fixed by law or by
any by-law duly adopted by such board, or as fixed at any previous
meeting duly held, or at any meeting duly held upon reasonable notice to
all of the members of such board, or at any duly adjourned meeting of
any such meeting, and not less than a majority of the whole number of
the members of such board may perform and exercise the powers authorized
and provided in this title, and the words "whole number" shall be
construed to mean the total number which such board would have were
there no vacancies and were none of the members disqualified from
acting, and shall mean either five or seven, depending only upon the
circumstances set forth in section five hundred seventy-seven;

3. Every member of the board shall be removable by the chairman of the
board of supervisors, with the consent of the supervisors, for
inefficiency, neglect of duty, or misconduct in office, provided,
however, that such member shall be given a copy of the charges against
him and an opportunity of being heard in person, or by counsel, in his
defense upon not less than ten days' notice;

4. The authority is empowered to establish such funds and accounts as
it may deem necessary subject to such agreements as it shall conclude
with the holders of its bonds or notes or other obligations;

5. When real property of the authority is taken in the exercise of the
power of eminent domain, just compensation shall be made to the
authority in the same manner, to the same extent and subject to the same
limitations as though it were private property.