N.Y. Public Authorities Law § 1232-c: Nassau county sewer and storm water finance authority

§ 1232-c. Nassau county sewer and storm water finance authority. 1. A

public benefit corporation, to be known as the "Nassau county sewer and

storm water finance authority" is hereby created for the public

purposes, charged with the duties and having the powers provided in this

title. The authority shall be a "covered organization", as such term is

defined pursuant to the Nassau county interim finance authority act in

subdivision ten of section thirty-six hundred fifty-one of this chapter,

and shall maintain itself as a publicly rated investment grade entity.

The authority shall be a body corporate and politic constituting a

public benefit corporation, the objects of which in the judgment of the

legislature cannot be attained under general laws. The authority's

governing body shall consist of seven members who shall be residents of

the county, and be appointed by the county executive and confirmed by

the county legislature; one upon the recommendation of the county

comptroller, two upon recommendation of the presiding officer of the

county legislature and two upon recommendation of the minority leader of

the county legislature. No more than four members shall be members of

the same political party. The first members appointed by the county

executive shall be appointed for the following terms of office: two for

a term ending on December thirty-first, two thousand five, three for a

term ending on December thirty-first, two thousand six and two for a

term ending on December thirty-first, two thousand seven. 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. All

members shall continue to hold office until their successors are

appointed and qualify, provided that any member who is a county employee

shall cease to hold office upon termination of his or her status as a

county employee. Vacancies shall be filled in the same manner provided

for original appointment. Vacancies, occurring otherwise than by

expiration of term of office, shall be filled by appointment for the

unexpired terms. The governing body shall appoint a chairperson, a vice

chairperson and a treasurer from their own members and a secretary who

need not be a member. Members may be removed from office for the same

reasons and in the same manner as may be provided by law for the removal

of officers of the county. In addition, a member may be removed from

office for inefficiency, neglect of duty or misconduct in office, after

the governing body has given such member a copy of the charges against

him or her and opportunity to be heard in person or by counsel in his or

her defense, upon not less than ten days notice. If a member fails to

attend three consecutive regular meetings of the authority, unless such

absence is for good cause and is excused by the chairperson of the

authority or, in the case of the chairperson of the authority, by the

chairperson of the county legislature, the office may be deemed vacant

for purposes of nomination and appointment of a successor. Members shall

serve without compensation, but each member shall be entitled to

reimbursement of their actual and necessary expenses, including travel

expenses, incurred in the discharge of their duties, provided that the

aggregate of such reimbursement allowance to any one member of the

authority in any one fiscal year of the authority shall not exceed the

sum of five thousand dollars; provided, however, that the authority

shall adopt by-laws regarding the approval of such reimbursement of

their actual and necessary expenses that specifically include a

procedure for prior approval of such expenses by a majority vote of the

authority.

2. The powers of the authority shall be vested in and be exercised by

the governing body at a meeting duly called and held where a quorum of

four members is present. No action shall be taken except pursuant to the

favorable vote of at least four members; provided, however, that no

action shall be taken approving borrowing and contracts in an amount

exceeding fifty thousand dollars, except by favorable vote of five

members of the governing body. The governing body may delegate to one or

more of its members or officers such powers and duties as it may deem

proper.

3. The officers of the authority, consisting of the chairperson, the

vice chairperson, the treasurer and the secretary shall serve in such

capacities at the pleasure of the governing body without compensation,

but each such officer shall be reimbursed for actual and necessary

expenses incurred in the performance of such officer's official duties

as officers of the authority. 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 which shall be

approved by the governing body and the premium therefore shall be paid

by the authority.

4. Notwithstanding any inconsistent provision of any general, special

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

employee of the state, any municipality or any public benefit

corporation shall forfeit his or her office or employment by reason of

his or her acceptance of appointment as a member or officer of the

authority, nor shall service as such member or officer be deemed

incompatible or in conflict with such office, membership or employment,

provided, that such officer serves in an unpaid capacity.

5. The authority shall hire no employees.

6. (a) The county executive shall file on or before March thirty-first

of the year following the year in which this title shall have become a

law, in the office of the secretary of state, a certificate signed by

the county executive setting forth: (1) the name of the authority; (2)

the names of the members appointed by the county executive and their

terms of office; and (3) the effective date of this title. If such

certificate is not filed with the secretary of state on or before such

date, then the corporate existence of the authority shall thereupon

terminate, and it shall thereupon be deemed to be and shall be

dissolved.

(b) Except as provided in paragraph (a) of this subdivision, the

authority and its corporate existence shall continue until terminated by

law; provided, however, that no such law shall take effect so long as

the authority shall have bonds or other obligations outstanding unless

adequate provision has been made for the payment or satisfaction

thereof. Upon termination of the existence of the authority, all of the

rights, properties, responsibilities and liabilities of the authority

then remaining shall pass to and vest in the county.

7. Nothing herein shall be construed to exempt the authority from the

requirements set forth in the environmental conservation law and the

regulations promulgated thereunder implementing the provisions of the

state environmental quality review act.

8. It is hereby determined and declared that the authority and the

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

benefit of the people of the county and the state for the improvement of

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

purposes and that the authority is and will be performing an essential

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

this title.

9. Nothing in this title shall be construed to obligate the state in

any way in connection with the operations or obligations of the

authority.