N.Y. Public Authorities Law § 1230-e: Water board

§ 1230-e. Water board. 1. A water board, to be known as the "Niagara

Falls public water board", may be created by a special act of the state

legislature 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 governing body of the water board shall consist of a total of

five members, to be appointed and to serve as follows: one member shall

be appointed by the governor, one member shall be appointed by the

temporary president of the senate at the recommendation of the senator

or senators representing all or a portion of the city, one member shall

be appointed by the speaker of the assembly at the recommendation of the

assembly member or members representing all or a portion of the city,

one member shall be appointed by the mayor, and one member shall be

appointed by the majority vote of the city council. At least three of

the five members shall be residents of the city. When a vacancy occurs

that reduces the number of members who are city residents to less than

three, the appointment to fill that vacancy must be a city resident.

Each member shall attend, in each fiscal year, at least seventy-five

percent of all meetings of the governing body. Failure by any party to

appoint any member shall not invalidate the creation or establishment of

the water board and shall result in the creation of a vacancy on the

governing body of the water board which may be filled at any time by

such party. The member appointed by the governor shall be appointed for

a term ending on December thirty-first of the first year following the

year in which this title shall have become a law; the member appointed

by the temporary president of the senate shall be appointed for a term

ending on December thirty-first of the second year following the year in

which this title shall have become a law; the member appointed by the

speaker of the assembly shall be appointed for a term ending on December

thirty-first of the third year following the year in which this title

shall have become a law; the member appointed by the mayor shall be

appointed for a term ending on December thirty-first of the fourth year

following the year in which this title shall have become a law; and the

member appointed by the city council shall be appointed for a term

ending on December thirty-first of the fifth year following the year in

which this title shall have become a law. Subsequent appointments of

members shall be made for a term of three years ending in each case on

December thirty-first of the last year of such term. No member shall be

a member of the governing body of the authority. All members shall

continue to hold office until their successors are appointed and

qualify. All members shall hold, at a minimum, a bachelor's degree from

an accredited college or university, with a concentration or degree in

one of the following areas of study and at least five years of

professional experience therein, or without such degree, such member

shall have at least ten years of professional experience in one of the

following fields: legal, environmental, financial, management,

engineering, human resources, or science. 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

only for the same reasons and in the same manner as provided by section

twenty-eight hundred twenty-seven of this chapter. Any member fulfilling

the requirement that at least three members be residents of the city

shall forfeit his or her membership on the governing body upon such

member's termination of residence in the city, which forfeiture shall

create a vacancy. The members of the water board shall receive no

compensation for their services but shall be reimbursed for their actual

and necessary expenses incurred in connection with the carrying out of

the purposes of this title; provided, however, that no member shall be

reimbursed for any expense of attending ordinary board meetings or any

other expense exceeding one thousand dollars incurred with respect to

any individual purpose, unless the governing body at a meeting duly

called and held when three members are present shall have authorized

such expenditure by such member. The powers of the water board shall be

vested in and be exercised by the governing body at a meeting duly

called and held where a quorum of three members are present. Any one or

more members of the water board may participate in a meeting of such

water board by means of a conference telephone or similar communications

equipment allowing all persons participating in the meeting to hear or

see and hear each other at the same time. Participation by such means

shall constitute presence in person at a meeting. No action shall be

taken except pursuant to the favorable vote of at least three voting

members. All votes must be made in person at a meeting and no vote may

be made by proxy. 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.

3. The officers of the water board shall consist of a chairman, a

vice-chairman and a treasurer, who shall be members of the water board,

and a secretary, who need not be a member of the water board. Such

officers shall be appointed by the governing body and shall serve in

such capacities at the pleasure of the governing body. In addition to

the secretary, the governing body may appoint and at pleasure remove

such additional officers and employees as it may determine necessary or

appropriate for the performance of the powers and duties of the water

board, and fix and determine their qualifications, duties and

compensation, subject to the provisions of the civil service law and the

rules of the civil service commission of the city. The governing body

may also from time to time contract for expert professional services.

The treasurer shall execute a bond, conditioned upon the faithful

performance of the duties of his or her office. The amount and

sufficiency of such bond shall be approved by the governing body and the

premium therefor shall be paid by the water board.

4. Notwithstanding any inconsistent provision of any general, special

or local law, ordinance, resolution or charter, no officer, member or

employee of the state, the city, any municipality, or any state agency,

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

employment or any benefits provided under the retirement and social

security law by reason of his or her acceptance of appointment as a

member, officer, agent or employee of the water board, nor shall service

as such member, officer, agent or employee be deemed incompatible or in

conflict with such office, membership or employment.

5. (a) The mayor shall file on or before December thirty-first of the

year following the year in which the special act of the state

legislature creating the water board shall have become a law, in the

office of the secretary of state, a certificate signed by the mayor

setting forth: (i) the name of the water board; (ii) the names of the

members appointed by the governor, the temporary president of the

senate, the speaker of the assembly, the mayor, and the city council;

and (iii) the effective date of the special act of the state legislature

creating the water board. If such certificate is not filed with the

secretary of state on or before such date, then the corporate existence

of the water board shall thereupon terminate and it shall thereupon be

deemed to be and shall be dissolved.

(b) The water board and its corporate existence shall continue until

terminated by law, provided, however, that no such law shall take effect

so long as the water board shall have contractual duties or obligations

outstanding unless adequate provision has been made for the satisfaction

thereof. Upon termination of the existence of the water board, all of

the rights, obligations and properties of the water board then remaining

shall pass to and vest to the city, with the consent of the city, if the

water board acquired such property from the city, or to a municipality,

with the consent of such municipality, if the water board acquired such

property from such municipality, unless otherwise provided in an

agreement with the city or municipality and the water board, and except

as otherwise may be specified by law.

6. 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 service area 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.

7. The water board shall establish and maintain its principal office

at which it conducts its business in the city. Notwithstanding any

general, special or local law or any charter provision, the city may,

and is hereby authorized to lease to the water board such office space

as the water board determines to be necessary and appropriate for the

needs of the water board, which lease shall be for such consideration

and shall contain such terms and conditions as the water board and the

city shall determine reasonable and appropriate.

8. The purpose of the act of the legislature establishing the water

board shall be, among other things, to provide for the jurisdiction,

control, possession, supervision and use of the system; authorization to

make rules and regulations in furtherance of this title; the enforcement

of this title, the rules, regulations, permits and orders of the water

board in connection with the direct or indirect use of the system

facilities by persons within the city and the service area and any other

persons for whom the water board provides services including, but not

limited to, accepting, treating and disposing of wastewater, industrial

waste, and other waste, from whatever source derived; and to enable the

water board to comply with all applicable laws of the United States and

the state, and the rules, regulations, permits and orders of their

regulatory agencies.