N.Y. Public Authorities Law 2350-C – Suffolk county judicial facilities agency
* § 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.
Terms Used In N.Y. Public Authorities Law 2350-C
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Minority leader: See Floor Leaders
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Quorum: The number of legislators that must be present to do business.
- Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
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