N.Y. Public Authorities Law § 2053-c: Rockland county solid waste management authority

§ 2053-c. Rockland county solid waste management authority. 1. Upon

compliance with the requirements of subdivision seven of this section, a

corporation known as the Rockland county solid waste management

authority shall be deemed to have been created hereby 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. In order to be more

consistent with the authority's goals, mission and objectives, the

authority shall also be known as Rockland Green and/or RG Cares.

2. The authority shall consist of seventeen members. Eight members

shall be members of the county legislature. Five of the eight

legislative members shall be appointed by the chairman of the county

legislature and three shall be appointed by the minority leader of the

county legislature, subject in each case to confirmation by a majority

of the county legislature. No such appointment shall be effective unless

there shall be, among the legislative members of the authority, a

resident of each of the five towns in the county. Residency shall be

determined as of the effective date of appointment, and subsequent

changes in residency shall not effect the validity of the appointment or

the authority of the legislative member to serve in the authority. Each

of the legislative members of the authority initially appointed and

certified to the secretary of state shall serve for a term ending on

January fifteen, nineteen hundred ninety-four. Subsequent appointments

of legislative members of the authority shall be made in the same manner

and for terms of two years. All legislative members shall continue to

hold office until their successors are appointed and qualify. Vacancies

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

same manner, respectively, for the unexpired term. Members may be

removed from office for the same reasons and in the same manner as

provided by law for the removal of officers of the county. Appointments

to fill expired and unexpired terms shall be made within sixty days upon

receipt of notification by the chairman of the board of supervisors that

a vacancy exists.

3. Five members of the authority shall consist, ex officio, of the

supervisors of the five towns in the county. The term of each town

supervisor serving ex officio as a member of the authority shall

coincide with such member's term of elective office. No person shall be

both an appointed member from the county legislature and a town

supervisor serving ex officio as a member of the authority. Two members

of the authority shall be appointed by and shall serve at the pleasure

of the county executive of the county. Two members shall be mayors of

villages contained within the county of Rockland and shall be appointed

by the county legislature upon the recommendation of the Rockland county

conference of mayors. The term of each mayor serving as a member of the

authority shall coincide with such member's term of elective office, not

to exceed two years. No such mayor shall be selected from a village that

has failed to sign the intermunicipal recyclables management agreement.

Such mayors are to be selected from different towns within Rockland

county, and for the purposes of determining which town a mayor is

determined to be from, if the jurisdiction of the municipality in which

a mayor presides spans more than one town, that mayor shall not be

restricted from appointment because one portion of his jurisdiction is

coterminous with that of another mayor chosen as a member of the

authority. Any member of the authority, whether appointed or serving ex

officio, may be removed from office by a vote of ten members of the

authority for gross neglect of duty, misconduct, maladministration or

malfeasance in office, including the unexcused failure to attend three

consecutive regular meetings of the authority.

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

their services but shall be reimbursed for all of 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

and be exercised by the governing body at a meeting duly called and held

where a quorum of eight members is present. No action shall be taken

except by the favorable vote of at least eight members. 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. The officers of the authority

shall be selected by the authority and shall serve in such capacities at

the pleasure of the authority. In addition to such officers, the

authority may appoint and at its pleasure remove an executive director,

attorney and engineer, which positions shall be in the exempt class of

the civil service, and such additional officers and employees as it may

deem necessary, and may determine and fix their qualifications, duties

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

The authority may delegate to one or more of its members, officers,

agents or employees any such powers as it may deem proper. The authority

may also contract for expert professional services. The treasurer shall

execute a bond conditioned on 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 for which shall be paid by the

authority.

5. 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, officer, agent or

employee of the authority, nor shall service as a member, officer, agent

or employee of the authority be deemed incompatible or in conflict with

such office, membership or employment. The members and employees of the

authority shall be subject to all requirements of state and county law

pertaining to ethics and financial disclosure to which members of the

county legislature and employees of the county, respectively, are

subject.

6. In addition to any powers granted to it by law, the county

legislature may appropriate by resolution with the concurrence of the

county executive sums of money to defray project costs or any other

costs and expenses of the authority to be incurred prior to the first

issuance of bonds. Subject to rights of bondholders, the county

legislature with the concurrence of the county executive may determine

if the moneys so appropriated shall be subject to repayment by the

authority to the county and, in such eventuality, the manner and

schedule for such repayment.

7. (a) The county shall file on or before the twelve month anniversary

of the date on which this title shall have become a law, in the office

of the secretary of state, a resolution of the county legislature

adopted following a public hearing approving the creation of the

authority, together with a certificate approved by the county

legislature and signed by the county executive setting forth: (1) the

name of the authority; (2) the names of the initial members; and (3) the

effective date of this title. The authority shall be perpetual in

duration, except that if such resolution and certificate are not filed

with the secretary of state on or before such date, then the power of

the legislature of the county to approve the creation of the authority

shall thereupon lapse, the authority shall not be deemed to have been

created hereby and shall not exist or be deemed to have existed, and the

provisions of this title shall no longer have any force or effect.

(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 and properties of the authority then remaining shall pass to and

vest in the county.

8. It is hereby determined 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. In exercising the powers conferred upon it by this title, the

authority shall at all times act in accordance with, and be in

compliance with, the provisions of the solid waste management plan.