Alcoholic Beverage Control - Liquor Authority - Vacancies; quorum


Published: 2016-11-11

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§ 14. Vacancies; quorum. 1. In the event of a vacancy caused by the
death, resignation, removal or disability of any commissioner, the
vacancy shall be filled by the governor by and with the advice and
consent of the senate for the unexpired term.

2. (a) In the event of a vacancy caused by the death, resignation,
removal, or disability of the chairman, the vacancy shall be filled by
the governor by and with the advice and consent of the senate for the
unexpired term. Notwithstanding any other provision of law to the
contrary, the governor shall designate one of the commissioners to serve
as acting chairman for a period not to exceed six months or until a
successor chairman has been confirmed by the senate, whichever comes
first. Upon the expiration of the six month term, if the governor has
nominated a successor chairman, but the senate has not acted upon the
nomination, the acting chairman can continue to serve as acting chairman
for an additional ninety days or until the governor's successor chairman
nomination is confirmed by the senate, whichever comes first.

(b) The governor shall provide immediate written notice to the
temporary president of the senate of the designation of a commissioner
as acting chairman.

(c) If (i) the governor has not nominated a successor chairman upon
the expiration of the six month term or (ii) the senate does not confirm
the governor's successor nomination within the additional ninety days,
the commissioner designated as acting chairman shall no longer be able
to serve as acting chairman and the governor is prohibited from
extending the powers of that acting chairman or from designating another
commissioner to serve as acting chairman.

(d) A commissioner serving as the acting chairman of the authority
shall be deemed a state officer for purposes of section seventy-three of
the public officers law.

3. A majority of the members of the authority shall constitute a
quorum for the purpose of conducting the business thereof and a majority
vote of all the members in office shall be necessary for action.
Provided, however, that a commissioner designated as an acting chairman
pursuant to subdivision two of section fourteen of this chapter shall
have only one vote for purposes of conducting the business of the
authority.