§ 327. New York state interoperable and emergency communication board membership. 1. The board shall consist of twenty-five members who shall be selected as follows:

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(a) one shall be the statewide interoperable and emergency communication coordinator, or his or her designee, who shall be the chairperson of the board;

(b) one shall be the commissioner of criminal justice services, or his or her designee;

(c) one shall be the superintendent of the state police, or his or her designee;

(d) one shall be the adjutant general of the division of military and naval affairs, or his or her designee;

(e) one shall be the commissioner of the division of homeland security and emergency services, or his or her designee;

(f) one shall be the commissioner of the department of transportation, or his or her designee;

(g) one shall be the commissioner of the department of health, or his or her designee;

(h) one shall be the director of the office of information technology services, or his or her designee;

(i) seven shall be appointed by the governor; provided, however, that no more than two such appointments made pursuant to this paragraph shall be from the same category of members as provided for in subdivision two of this section;

(j) five shall be appointed by the governor upon the recommendation of the temporary president of the senate; provided, however, that no more than one such appointment made pursuant to this paragraph shall be from the same category of members as provided for in subdivision two of this section; and

(k) five shall be appointed by the governor upon the recommendation of the speaker of the assembly; provided, however, that no more than one such appointment made pursuant to this paragraph shall be from the same category of members as provided for in subdivision two of this section.

2. The members appointed upon the recommendation of the temporary president of the senate and the speaker of the assembly, and the members appointed by the governor pursuant to paragraph (c) of subdivision one of this section, shall have experience with interoperable and emergency communication issues, and shall be representative of chiefs of police, sheriffs, fire chiefs and departments, ambulance service providers, including proprietary or volunteer ambulance services, county 911 coordinators, emergency managers, local elected officials, non-governmental organizations specializing in disaster relief, tribal nation representation, and statewide first responder associations, or representatives of consumer interests.

3. Each board member shall be appointed for a term of four years. Vacancies in the board occurring otherwise than by expiration of a term shall be filled for the unexpired term in the same manner as the original appointment. The board shall meet as frequently as it may deem necessary and at least four times each year on such dates as agreed upon by the board. The board may approve and from time to time amend bylaws in relation to its meetings and the transaction of its business. A majority of the members of the board then in office shall constitute a quorum for the transaction of any business or the exercise of any power by the board.

4. Members of the board shall receive no compensation for their services, but shall be reimbursed for actual and necessary expenses incurred by them in the performance of their duties. Notwithstanding any inconsistent provisions of law, no officer or employee of the state or any political subdivision of the state shall forfeit such office or employment by reason of acceptance or appointment as a member of the board. For purposes of section thirteen of article thirteen of the state constitution, membership on the board by a sheriff shall not constitute public office.

5. Article two of the state administrative procedure act shall not apply, provided, however, that the board shall publicly post the standards proposed pursuant to section three hundred twenty-eight of this article no later than forty-five days prior to their adoption. Such standards shall be posted in appropriate publications, the state register and on the division of homeland security and emergency services' website. During such forty-five day period, the board shall receive and consider public comment on the proposed standards before adopting final standards. Upon final adoption, those standards adopted pursuant to section three hundred twenty-eight of this article shall be posted in appropriate publications, the state register and on the division of homeland security and emergency services' website.

6. The board shall be subject to articles six and seven of the public officers law.