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.