2680-C - County of Chautauqua sports, recreation and cultural authority.
§ 2680-c. County of Chautauqua sports, recreation and cultural authority. 1. A public corporation, to be known as the "county of Chautauqua sports, recreation and cultural authority" 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, the objects of which in the judgment of the legislature cannot be attained under general laws. The board of the authority shall consist of a total of nine members, appointed by the county executive and confirmed by the county legislature. Of the members first appointed, three shall be appointed for a period of one year, three for a period of two years and three for a period of three years. At the expiration of such terms, the terms of office of their successors shall be three years. All 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 for inefficiency, neglect of duty or misconduct in office, provided such member is given a copy of the charges proffered and an opportunity of being heard in person or by counsel, in such member's defense upon not less than ten days notice. The members of the authority shall receive no compensation for their services, but shall be reimbursed for their actual and necessary expenses incurred in connection with the carrying out of the purposes of this title. The powers of the authority shall be vested in and be exercised by the board at a meeting duly called and held where a quorum of five members are present. No action shall be taken except pursuant to the favorable vote of at least a majority of the total voting members. The board may delegate to one or more of its members, officers, agents or employees such powers and duties they may deem proper. 2. The officers of the authority shall consist of a chairperson, a vice-chairperson and a treasurer, all of whom shall be members of the board, and a secretary who need not be a member of the board. Such officers shall be appointed by the board and shall serve in such capacities at the pleasure of the board. In addition to the secretary, the board may appoint and at pleasure remove such additional officers and employees as it may determine necessary for the performance of the powers and duties of the authority, and shall fix and determine their qualifications, duties and compensation, subject to the civil service law and any applicable collective bargaining agreement. The board may also from time to time contract for expert professional services, and may retain or employ counsel, auditors, engineers and private consultants on a contract basis or otherwise for rendering professional or technical services and advice. The treasurer shall 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 board and the premium therefor which shall be paid by the authority. 3. Notwithstanding any inconsistent provision of any general, special or local law, ordinance, resolution or charter, no officer, member or employee of the state, any municipality or public benefit corporation shall forfeit his or her office or employment by reason of his or her acceptance of appointment as a member, officer, agent or employee of the authority, nor shall service as such member, officer, agent or employee be deemed incompatible or in conflict with such office, membership or employment and any such officer, member or employee may accept such appointment and serve as a member, officer, agent or employee of the authority without forfeiture of any other office or position of public employment by reason thereof.4. (a) The secretary 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 chairperson of the authority setting forth: (1) the name of the authority; (2) the names of the members of the board initially appointed and their terms of office; and (3) the effective date of this title. The authority shall be perpetual in duration, except that if such certificate is not filed with the secretary of state on or before such date, then the corporate existence of the authority shall thereupon terminate and it shall thereupon be deemed to be and shall be dissolved. (b) Except as provided in paragraph (a) of this subdivision, the authority and its corporate existence shall continue until terminated by law. Upon termination of the existence of the authority, all of the rights and each project of the authority then remaining shall pass to and vest to the county in proportion to its contribution of funds to the authority. 5. It is hereby determined and declared, that the authority and the carrying out of its powers and duties are in all respects for the benefit of the people of the county and the state for the improvement of their health, welfare and prosperity and that such purposes are public purposes and that the authority is and will be performing an essential governmental function in the exercise of the powers conferred upon it by this title. 6. Nothing in this title shall be construed to obligate the state in anyway in connection with the operation or obligations of the authority.