N.Y. Public Authorities Law § 1048-f: Water board

§ 1048-f. Water board. 1. A city water board may be created by a

special act of the state legislature at the request of the city, as a

body corporate and politic, constituting a corporate municipal

instrumentality of the state and having the powers and duties as

provided in this title.

2. The water board shall consist of seven members appointed by the

mayor and confirmed by the common council of the city. Terms of office

of the members shall be two years except that the terms of four of the

board members first appointed shall be one year. At least one member

shall have experience in the science of water resource development. No

member shall be a director of the authority. The mayor shall appoint a

chairman from among the members of the board. All members shall continue

to hold office until their successors are appointed and qualified.

Vacancies shall be filled in the manner provided for original

appointments. Vacancies, occurring otherwise than by expiration of term

of office, shall be filled in the same manner as original appointments

for the unexpired terms.

3. Each member of the water board shall be entitled to reimbursement

for his actual and necessary expenses incurred in the performance of his

official duties and a per diem allowance of one hundred fifty dollars

when rendering service as a member; provided that the aggregate of such

per diem allowance to any one member in any one fiscal year of the board

shall not exceed the sum of five thousand dollars.

4. Notwithstanding any inconsistent provision of law, general, special

or local, or any city charter, no officer or employee of the city shall

be deemed to have forfeited or shall forfeit his office or employment or

any benefits provided under the retirement and social security law, by

reason of his acceptance of membership on the water board, provided,

however, that a member of the board who holds other public office or

employment shall receive no additional compensation for services

rendered pursuant to this title, but shall be entitled to reimbursement

for his actual and necessary expenses incurred in the performance of

such services.

5. The mayor may remove any member for inefficiency, neglect of duty

or misconduct in office after giving such member a copy of the charges

against such member and an opportunity to be heard and defended, in

person or by counsel, upon not less than ten days' notice. If any member

shall be so removed, the mayor shall file in the office of the clerk of

the city a complete statement of charges against such member, and the

mayor's findings thereon, together with a complete record of the

proceedings.

6. Members of the water board, other than members holding other public

office or employment, may engage in private employment, or in a

profession or business, subject to the limitations contained in chapter

eight section ninety-two of the Buffalo code of ordinances.

7. A majority of the members of the water board shall constitute a

quorum for the transaction of any business or the exercise of any power

of the board. The water board shall have power to act by the affirmative

vote of not less than a majority of the members in office at any duly

held meeting thereof. The water board may delegate to one or more of its

members or its officers, agents and employees, such powers and duties as

it may deem proper. Any member who is an officer of the city may, by

written instrument, filed with and approved as to form by the board,

designate another city officer to perform in his absence his duties

under this title. The term "member" as used in this section shall

include such persons so designated as provided herein. The designation

of any such person shall be deemed temporary only and shall not affect

the civil service or retirement rights of the person so designated.

8. The water board and its corporate existence shall continue so long

as it shall have contractual duties or obligations outstanding and until

its existence shall be terminated by law. Upon termination of the

existence of the water board, all of the rights and assets of the water

board then remaining shall pass to and vest in the city.

9. It is hereby determined and declared that the water board and the

carrying out of its powers and duties are in all respects for the

benefit of the people of the city and the state, for the improvement of

their health, welfare and prosperity and that such purposes are public

purposes and that the water board is and will be performing an essential

governmental function in the exercise of the powers conferred upon it by

this title.