N.Y. Public Authorities Law § 2041-b: Montgomery, Otsego, Schoharie solid waste management authority

§ 2041-b. Montgomery, Otsego, Schoharie solid waste management

authority. 1. A corporation known as the Montgomery, Otsego, Schoharie

solid waste management authority is hereby created for the public

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

this title. The authority shall be a body corporate and politic

constituting a public benefit corporation consisting of members

appointed by the participating counties. Its membership shall consist of

a board of no more than eight members, who shall be appointed as

follows: three members from the county of Montgomery to be appointed by

the chairman of the board of supervisors and confirmed by the board of

supervisors of such county all of whom shall be residents of the county

and at least one of whom shall be a resident of the city of Amsterdam;

three members from the county of Otsego to be appointed by the chairman

of the board of representatives and confirmed by the board of

representatives of such county all of whom shall be residents of the

county and at least one of whom shall be a resident of the city of

Oneonta; two members from the county of Schoharie both of whom shall be

residents of the county, and who shall be appointed by the chairman of

the board of supervisors and confirmed by the board of supervisors of

such county. The first members of the authority shall be appointed for

the following terms from the thirty-first day of December of the year in

which this title shall take effect; one member each to be appointed by

each county for a term of four years; one member each to be appointed by

each county for a term of two years; one member to be appointed by the

county of Montgomery for a term of three years; one member to be

appointed by the county of Otsego for a term of three years. Subsequent

appointments of members shall be made in the same manner and for terms

of four years ending in each case on the thirty-first day of December of

the last year of each such term. All members shall continue to hold

office until their successors are appointed and qualify. Vacancies

occurring at the end of a term shall each be filled in the manner

provided for original appointment and for a four year term. Vacancies

occurring otherwise than by expiration of a term shall be filled by the

affected participating county in the same manner respectively, for the

unexpired terms. Members may be removed from office by the governing

body of the county from which appointed for inefficiency, neglect of

duty or misconduct in office after the authority or governing body has

given such member a copy of the charges against him and an opportunity

to be heard in person or by counsel in his defense, upon not less than

ten days notice. If any member shall be so removed, there shall be filed

with the chairman of the authority and the chairman of such governing

body a complete statement of charges made against such member and the

findings of the governing body thereon, together with a complete record

of the proceeding.

2. The members of the authority shall receive no compensation for

their services whether as members or officers of the authority but shall

be reimbursed for all their actual and necessary expenses incurred in

connection with the carrying out of the purposes of this title. The

powers of the authority shall be vested in the members thereof in office

from time to time and a majority of members shall constitute a quorum at

any meeting of the authority. No vacancy in the membership of the

authority shall impair the right of such members to exercise all the

rights and perform all the duties of the authority. Any action taken by

the authority under the provisions of this title may be authorized at a

meeting of the authority by resolution approved by a majority of the

total number of members then in office, which resolution shall take

effect immediately.

3. The officers of the authority shall consist of a chairman, a

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

a secretary, who need not be a member of the authority. Such officers

shall be selected 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 an

executive director, an attorney, an engineer and such additional

officers and employees as it may determine necessary for the performance

of the powers and duties of the authority, which positions shall be in

the exempt class of civil service, and fix and determine their

qualifications, duties and compensation, subject to the provisions of

the civil service law, provided however, that no elected official of a

participating county or any municipality therein shall be appointed as

an employee of the authority; provided, however, that nothing contained

in this section shall prohibit an elected official of a participating

county or municipality therein from furnishing work, materials, supplies

or labor pursuant to a contract which the authority is empowered to make

pursuant to this title. 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. 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

office, the amount and sufficiency of which shall be approved by the

governing body and the premium for which shall be paid by the authority.

4. (a) Each of the counties of Montgomery, Otsego and Schoharie

electing to participate in the authority shall file, on or before

October first of the year following the year in which this title shall

take effect, in the office of the secretary of state, a certificate

signed by the chairman of its legislative body setting forth: the name

of the authority; the names of the members appointed by that county; and

the effective date of this title.

(b) The authority shall be perpetual in duration and shall continue

until terminated by law, except if the certificate referred to in

paragraph (a) of this subdivision is not filed by two or more counties

on or before the date specified in such paragraph, then the corporate

existence of the authority shall thereupon terminate and it shall be

deemed to be and shall be dissolved, provided, however, that no such

termination 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 any termination of the

existence of the authority, all of the rights and properties of the

authority then remaining shall pass to and be vested in the

participating counties in accordance with such law.

5. 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 participating counties 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.