§ 2041-B — Montgomery, Otsego, Schoharie solid waste management authority

New York § 2041-B

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 13-AA: Montgomery, Otsego, Schoharie Solid Waste Management Authority
• Art. 8: Miscellaneous Authorities

Text

§ 2041-b. Montgomery, Otsego, Schoharie solid waste management\nauthority. 1. A corporation known as the Montgomery, Otsego, Schoharie\nsolid waste management authority is hereby created for the public\npurposes and charged with the duties and having the powers provided in\nthis title. The authority shall be a body corporate and politic\nconstituting a public benefit corporation consisting of members\nappointed by the participating counties. Its membership shall consist of\na board of no more than eight members, who shall be appointed as\nfollows: three members from the county of Montgomery to be appointed by\nthe chairman of the board of supervisors and confirmed by the board of\nsupervisors of such county all of whom shall be residents of the county\nand at least one of whom shall be a resident of the city of Amsterdam;\nthree members from the county of Otsego to be appointed by the chairman\nof the board of representatives and confirmed by the board of\nrepresentatives of such county all of whom shall be residents of the\ncounty and at least one of whom shall be a resident of the city of\nOneonta; two members from the county of Schoharie both of whom shall be\nresidents of the county, and who shall be appointed by the chairman of\nthe board of supervisors and confirmed by the board of supervisors of\nsuch county. The first members of the authority shall be appointed for\nthe following terms from the thirty-first day of December of the year in\nwhich this title shall take effect; one member each to be appointed by\neach county for a term of four years; one member each to be appointed by\neach county for a term of two years; one member to be appointed by the\ncounty of Montgomery for a term of three years; one member to be\nappointed by the county of Otsego for a term of three years. Subsequent\nappointments of members shall be made in the same manner and for terms\nof four years ending in each case on the thirty-first day of December of\nthe last year of each such term. All members shall continue to hold\noffice until their successors are appointed and qualify. Vacancies\noccurring at the end of a term shall each be filled in the manner\nprovided for original appointment and for a four year term. Vacancies\noccurring otherwise than by expiration of a term shall be filled by the\naffected participating county in the same manner respectively, for the\nunexpired terms. Members may be removed from office by the governing\nbody of the county from which appointed for inefficiency, neglect of\nduty or misconduct in office after the authority or governing body has\ngiven such member a copy of the charges against him and an opportunity\nto be heard in person or by counsel in his defense, upon not less than\nten days notice. If any member shall be so removed, there shall be filed\nwith the chairman of the authority and the chairman of such governing\nbody a complete statement of charges made against such member and the\nfindings of the governing body thereon, together with a complete record\nof the proceeding.\n 2. The members of the authority shall receive no compensation for\ntheir services whether as members or officers of the authority but shall\nbe reimbursed for all their actual and necessary expenses incurred in\nconnection with the carrying out of the purposes of this title. The\npowers of the authority shall be vested in the members thereof in office\nfrom time to time and a majority of members shall constitute a quorum at\nany meeting of the authority. No vacancy in the membership of the\nauthority shall impair the right of such members to exercise all the\nrights and perform all the duties of the authority. Any action taken by\nthe authority under the provisions of this title may be authorized at a\nmeeting of the authority by resolution approved by a majority of the\ntotal number of members then in office, which resolution shall take\neffect immediately.\n 3. The officers of the authority shall consist of a chairman, a\nvice-chairman and a treasurer, who shall be members of the authority and\na secretary, who need not be a member of the authority. Such officers\nshall be selected by the governing body and shall serve in such\ncapacities at the pleasure of the governing body. In addition to the\nsecretary, the governing body may appoint and at pleasure remove an\nexecutive director, an attorney, an engineer and such additional\nofficers and employees as it may determine necessary for the performance\nof the powers and duties of the authority, which positions shall be in\nthe exempt class of civil service, and fix and determine their\nqualifications, duties and compensation, subject to the provisions of\nthe civil service law, provided however, that no elected official of a\nparticipating county or any municipality therein shall be appointed as\nan employee of the authority; provided, however, that nothing contained\nin this section shall prohibit an elected official of a participating\ncounty or municipality therein from furnishing work, materials, supplies\nor labor pursuant to a contract which the authority is empowered to make\npursuant to this title. The governing body may delegate to one or more\nof its members, officers, agents, or employees such powers and duties as\nit may deem proper. The governing body may also from time to time\ncontract for expert professional services. The treasurer shall execute a\nbond, conditioned upon the faithful performance of the duties of his\noffice, the amount and sufficiency of which shall be approved by the\ngoverning body and the premium for which shall be paid by the authority.\n 4. (a) Each of the counties of Montgomery, Otsego and Schoharie\nelecting to participate in the authority shall file, on or before\nOctober first of the year following the year in which this title shall\ntake effect, in the office of the secretary of state, a certificate\nsigned by the chairman of its legislative body setting forth: the name\nof the authority; the names of the members appointed by that county; and\nthe effective date of this title.\n (b) The authority shall be perpetual in duration and shall continue\nuntil terminated by law, except if the certificate referred to in\nparagraph (a) of this subdivision is not filed by two or more counties\non or before the date specified in such paragraph, then the corporate\nexistence of the authority shall thereupon terminate and it shall be\ndeemed to be and shall be dissolved, provided, however, that no such\ntermination shall take effect so long as the authority shall have bonds\nor other obligations outstanding unless adequate provision has been made\nfor the payment or satisfaction thereof. Upon any termination of the\nexistence of the authority, all of the rights and properties of the\nauthority then remaining shall pass to and be vested in the\nparticipating counties in accordance with such law.\n 5. It is hereby determined and declared, that the authority and the\ncarrying out of its powers and duties are in all respects for the\nbenefit of the people of the participating counties and the state for\nthe improvement of their health, welfare, and prosperity and that such\npurposes are public purposes and that the authority is and will be\nperforming an essential governmental function in the exercise of the\npowers conferred upon it by this title.\n