N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 502-a

* § 502-a. Special provisions with regard to the western regional\noff-track betting corporation. 1. Notwithstanding any inconsistent\nprovision of this article, on the effective date of this section the\nappointments of all members of the western regional off-track betting\ncorporation appointed prior to the effective date of this section are\ndeemed terminated, and each such vacant board position shall be replaced\nwith the new appointments made pursuant to this section.\n 2. The western regional off-track betting corporation board of\ndirectors shall be composed of seventeen members, one each to represent\neach participating county within the western off-track betting region,\nand one each to represent the city of Rochester and the city of Buffalo.\nEach city representative shall be appointed by the mayor of the city\nsuch member represents, and each county representative shall be\nappointed by the county executive of the county such member represents;\nprovided however, in the case of a county that does not have a county\nexecutive, such county's board of supervisors shall appoint such\ncounty's representative.\n 3. No action shall be taken by the corporation except pursuant to the\nfavorable vote of fifty-one percent of the total authorized voting\nstrength of the board of directors. The total authorized voting strength\nof the board of directors shall be the sum total of the votes specified\nin subdivisions four and seven of this section.\n 4. The representatives of each of the participating counties and\ncities shall each have the following number of votes: the representative\nof the county of Niagara shall have eight votes, the representative of\nthe county of Chautauqua shall have five votes, the representative of\nthe county of Oswego shall have four votes, the representative of the\ncounty of Steuben shall have three votes, the representative of the\ncounty of Wayne shall have three votes, the representative of the county\nof Cattaraugus shall have three votes, the representative of the county\nof Cayuga shall have three votes, the representative of the county of\nLivingston shall have two votes, the representative of the county of\nGenesee shall have two votes, the representative of the county of\nWyoming shall have one vote, the representative of the county of Orleans\nshall have one vote, the representative of the county of Seneca shall\nhave one vote, the representative of the county of Schuyler shall have\none vote, the representative of the county of Erie shall have\ntwenty-four votes, the representative of the county of Monroe shall have\ntwenty votes, the representative of the city of Buffalo shall have ten\nvotes, and the representative of the city of Rochester shall have eight\nvotes.\n 5. Each member of the corporation appointed pursuant to this section\nshall be appointed for a term of four years; provided however, that a\nmember's term shall not be terminated except for good cause shown.\n 6. a. No person who has served as a board member or officer of the\ncorporation shall within a period of five years after such person's\ntermination of such service, regardless of the reason for termination,\n(i) be appointed, reappointed or qualified as a member of the\ncorporation; (ii) appear or practice before such corporation or receive\ncompensation for any services rendered by such former board member or\nofficer on behalf of any person, firm, corporation or association in\nrelation to any case, proceeding or application or other matter before\nsuch corporation; or (iii) receive compensation for any services on\nbehalf of any person, firm, corporation or association to appear,\npractice or directly communicate with the board of directors to promote\nor oppose, directly or indirectly, the passage of resolutions by such\nboard of directors. No person who has served as a board member or\nofficer of the corporation shall after the termination of such service\nappear, practice, communicate or otherwise render services before such\ncorporation, or the board of directors thereof, or receive compensation\nfor any such services rendered by such person on behalf of any person,\nfirm, corporation or other entity in relation to any case, proceeding,\napplication or transaction with respect to which such person was\ndirectly concerned and in which such person personally participated\nduring the period of such service, or which was under their active\nconsideration.\n b. No person who is appointed to be a member of the board of directors\nmay attend or participate in any board meetings, including executive\nsessions, until that person's application for a license has been\napproved by the commission.\n 7. Members representing a majority of the total voting strength of the\nboard of directors then in office shall constitute a quorum for the\ntransaction of any business or the exercise of any power of the\ncorporation. Except as otherwise specified in this section, for the\ntransaction of any business or the exercise of any power of the\ncorporation, the corporation shall have the power to act by a majority\nvote of the total voting strength present at any meeting at which a\nquorum is in attendance.\n 8. The members of the board of directors shall elect from their\nmembership, by a majority vote of the total voting strength of the board\nof directors, a chairperson. Such chairperson shall serve as chairperson\nfor the duration of their term on the board of directors, or until such\nchairperson's resignation or upon removal by a majority vote of the\ntotal voting strength of the board of directors. In addition to such\nchairperson's voting strength possessed by virtue of such chairperson's\nrepresentation of a municipality which is a member of the board, such\nchairperson shall also have one additional vote.\n * NB Repealed May 3, 2037\n