§ 1226-E — Water board

§ 1226-e. Water board. 1. A water board, to be known as the "Upper\nMohawk valley regional water board", may be created by a special act of\nthe state legislature as a body corporate and politic, constituting a\ncorporate municipal instrumentality of the state and having the powers\nand duties as provided in this title.\n 2. The governing body of the water board shall consist of a total of\ntwelve members, to be appointed and to serve as follows: two members,\neach of whom shall be a resident of the city, shall be appointed by the\ncouncil; two members, each of whom shall be a resident of the city,\nshall be appointed by the mayor; two members shall be appointed by the\ncounty executive, the first of which shall be a resident of a village\nlocated within the service area outside of the city and the second of\nwhich shall be a resident of the service area outside of the city, which\nsecond member shall be subject to confirmation by the Herkimer county\nlegislature; two members shall be appointed by the county legislature,\neach of whom shall be a resident of the city; and four members shall be\nresidents of the service area outside of the city and shall be appointed\nby the towns within, either wholly or partly, the service area in\naccordance with the following procedure: one member shall be appointed\nby the town board of the town of New Hartford; one member shall be\nappointed by the town board of the town of Whitestown; one member shall\nbe appointed by the town board of the town of Marcy and alternately by\nthe town board of the town of Schuyler and then by the town board of the\ntown of Kirkland. The first such member shall be appointed by the town\nboard of the town of Marcy. Following the expiration of that member's\nterm, such subsequently appointed member shall be appointed by the town\nboard of the town of Schuyler. Following the expiration of that member's\nterm, such subsequently appointed member shall be appointed by the town\nboard of the town of Kirkland. Thereafter each such subsequent member\nshall be appointed alternately by the town board of the town of Marcy,\nthen by the town board of the town of Schuyler and then by the town\nboard of the town of Kirkland; one member shall be appointed by the town\nboard of the town of Trenton and alternately by the town board of the\ntown of Deerfield and then by the town board of the town of Frankfort.\nThe first such member shall be appointed by the town board of the town\nof Trenton. Following the expiration of that member's term, such\nsubsequently appointed member shall be appointed by the town board of\nthe town of Deerfield. Following the expiration of that member's term,\nsuch subsequently appointed member shall be appointed by the town board\nof the town of Frankfort. Thereafter each such subsequent member shall\nbe appointed alternately by the town board of the town of Trenton, then\nby the town board of the town of Deerfield and then by the town board of\nthe town of Frankfort. No appointment made by the mayor shall be subject\nto confirmation by the council. No appointment made by the county\nexecutive shall be subject to confirmation by the county legislature.\nNo appointment by the council shall be subject to approval or veto by\nthe mayor. No appointment by the county legislature shall be subject to\napproval or veto by the county executive. Failure by any party to\nappoint any member shall not invalidate the creation or establishment of\nthe water board and shall result in the creation of a vacancy on the\ngoverning body of the water board which may be filled at any time by\nsuch party. The first members appointed by the council shall be\nappointed for the following terms of office; one for a term ending on\nDecember thirty-first of the first year following the year in which this\ntitle shall have become law; and one for a term ending on December\nthirty-first of the third year following the year in which this title\nshall have become law. The first members appointed by the mayor shall be\nappointed for the following terms of office: one for a term ending on\nDecember thirty-first of the first year following the year in which this\ntitle shall have become law; and one for a term ending on December\nthirty-first of the second year following the year in which this title\nshall have become law. The first village resident member appointed by\nthe county executive shall be appointed for a term ending on December\nthirty-first of the second year following the year in which this title\nshall have become law. The first subject to Herkimer county legislative\nconfirmation member appointed by the county executive shall be appointed\nfor a term ending on December thirty-first of the third year following\nthe year in which this title shall have become law. The first members\nappointed by the county legislature shall be appointed for the following\nterms of office: one for a term ending on December thirty-first of the\nfirst year following the year in which this title shall have become law;\nand one for a term ending on December thirty-first of the second year\nfollowing the year in which this title shall have become law. The first\nmember appointed by the town of New Hartford shall be appointed for a\nterm of office ending on December thirty-first of the third year\nfollowing the year in which this title shall have become law. The first\nmember appointed by the town of Whitestown shall be appointed for a term\nending on December thirty-first of the second year following the year in\nwhich this title shall have become law. The first member appointed by\nthe town of Marcy, Schuyler or Kirkland shall be appointed for a term\nending on December thirty-first of the third year following the year in\nwhich this title shall have become law. The first member appointed by\nthe towns of Trenton, Deerfield and Frankfort shall be appointed for a\nterm ending on December thirty-first of the first year following the\nyear in which this title shall have become law. Subsequent appointments\nof members shall be made for a term of three years ending in each case\non December thirty-first of the last year of such term. No member shall\nbe a member of the governing body of the authority. All members shall\ncontinue to hold office until their successors are appointed and\nqualify. Vacancies shall be filled in the manner provided for original\nappointment. Vacancies, occurring otherwise than by expiration of term\nof office, shall be filled by appointment for the unexpired terms.\nMembers may be removed from office by the party which appointed such\nmember for inefficiency, neglect of duty or misconduct in office;\nprovided, however, that such member shall be given a copy of the charges\nagainst him or her and an opportunity of being heard in person, or by\ncounsel, in his or her defense upon not less than ten days notice. Any\nmember required to be a resident of a specified area shall forfeit his\nor her membership on the governing body upon such member's termination\nof residence in such area, which forfeiture shall create a vacancy. The\nmembers of the water board shall receive no compensation for their\nservices but shall be reimbursed for their actual and necessary expenses\nincurred in connection with the carrying out of the purposes of this\ntitle; provided, however, that no member shall be reimbursed for any\nexpense exceeding one thousand dollars incurred with respect to any\nindividual purpose unless the governing body at a meeting duly called\nand held when a quorum of seven members are present shall have\nauthorized the incurrence of such expense by such member. The powers of\nthe water board shall be vested in and be exercised by the governing\nbody at a meeting duly called and held where a quorum of seven members\nare present. No action shall be taken except pursuant to the favorable\nvote of at least seven voting members. All votes must be made in person\nat a meeting and no vote may be made by proxy. The governing body may\ndelegate to one or more of its members, officers, agents or employees\nsuch powers and duties as it may deem proper.\n 3. The officers of the water board shall consist of a chairman, a\nvice-chairman and a treasurer, who shall be members of the water board,\nand a secretary, who need not be a member of the water board. Such\nofficers shall be appointed by the governing body and shall serve in\nsuch capacities at the pleasure of the governing body. In addition to\nthe secretary, the governing body may appoint and at pleasure remove\nsuch additional officers and employees as it may determine necessary for\nthe performance of the powers and duties of the authority, and fix and\ndetermine their qualifications, duties and compensation, subject to the\nprovisions of the civil service law. The governing body may also from\ntime to time contract for expert professional services. The members,\nofficers, executive director, if any, comptroller, if any, and counsel,\nif any, shall be an exempt position under any rule or classification of\nthe civil service commission. The treasurer shall execute a bond,\nconditioned upon the faithful performance of the duties of his or her\noffice, the amount and sufficiency of which shall be approved by the\ngoverning body and the premium therefor shall be paid by the water\nboard.\n 4. Notwithstanding any inconsistent provision of any general, special\nor local law, ordinance, resolution or charter, no officer, member or\nemployee of the state, any municipality, or any public benefit\ncorporation, shall be deemed to have forfeited or shall forfeit his or\nher office or employment by reason of his or her acceptance of\nappointment as a member, officer, agent or employee of the water board,\nnor shall service as such member, officer, agent or employee be deemed\nincompatible or in conflict with such office, membership or employment.\n 5. (a) The county executive shall file on or before December\nthirty-first of the year following the year in which the special act of\nthe state legislature creating the water board shall have become law, in\nthe office of the secretary of state, a certificate signed by the county\nexecutive setting forth: (1) the name of the water board; (2) the names\nof the members appointed by the council, the mayor, the county\nexecutive, the county legislature and the towns, villages and county of\nHerkimer and their terms of office; and (3) the effective date of the\nspecial act of the state legislature creating the water board. If such\ncertificate is not filed with the secretary of state on or before such\ndate, then the corporate existence of the water board shall thereupon\nterminate and it shall thereupon be deemed to be and shall be dissolved.\n (b) The water board and its corporate existence shall continue until\nterminated by law, provided, however, that no such law shall take effect\nso long as the water board shall have contractual duties or obligations\noutstanding unless adequate provision has been made for the satisfaction\nthereof. Upon termination of the existence of the water board, all of\nthe rights and properties of the water board then remaining shall pass\nto and vest as follows: all properties acquired by the water board from\neither the city or the board of water supply, except properties\nidentified at the time of transfer as being "southern reservoir\nproperty" shall vest in the city; all property identified at the time of\ntransfer as being "southern reservoir property" shall vest jointly in\nthe city and in the town of New Hartford; all other properties shall\nvest jointly in the city and the towns and villages in the service area\nin such a manner as prescribed by law.\n 6. It is hereby determined and declared that the water board and the\ncarrying out of its powers and duties are in all respects for the\nbenefit of the people of the service area and the state for the\nimprovement of their health, welfare and prosperity and that such\npurposes are public purposes and that the water board is and will be\nperforming an essential governmental function in the exercise of the\npowers conferred upon it by this title.\n 7. The water board shall establish and maintain its principal office\nat which it conducts its business in the city's city hall.\nNotwithstanding any general, special or local law or any charter\nprovision, the city shall, and is hereby authorized to, lease to the\nwater board such office space as the city and the water board mutually\ndetermine to be necessary and appropriate for the needs of the water\nboard, which lease shall be for an initial term of thirty years and\nshall be for such consideration and shall contain such terms and\nconditions as the water board and the city shall determine reasonable\nand appropriate.\n