§ 2049-CC — Oneida-Herkimer solid waste management authority

§ 2049-cc. Oneida-Herkimer solid waste management authority. 1. A\ncorporation known as the Oneida-Herkimer solid waste management\nauthority is hereby created for the public purposes and charged with the\nduties and having the powers provided in this title. The authority shall\nbe a body corporate and politic constituting a public benefit\ncorporation. It shall consist of ten members, four of whom shall be\nappointed by the legislative body of the county of Oneida, three of whom\nshall be appointed by the county executive of the county of Oneida, and\nthree of whom shall be appointed by the legislative body of the county\nof Herkimer. The first members appointed by the legislative body of the\ncounty of Oneida shall be appointed for the following staggered terms of\noffice: one member: five year term; one member: four year term; one\nmember: three year term; one member: two year term. The first members\nappointed by the county executive of the county of Oneida shall be\nappointed for the following staggered terms of office: one member: five\nyear term; one member: four year term; one member: three year term. The\nfirst members appointed by the legislative body of the county of\nHerkimer shall be appointed for the following staggered terms of office:\none member: five year term; one member: four year term; one member:\nthree year term. Subsequent appointment of members by each legislative\nbody and such county executive shall be made for a term of five years\nending in each case on December thirty-first of the last year of such\nterm. All members shall continue to hold office until their successors\nare appointed and qualify. Vacancies shall be filled by the affected\nlegislative body or county executive in the manner provided for in the\noriginal appointment. Vacancies, occurring otherwise than by expiration\nof term of office, shall be filled by the affected legislative body or\ncounty executive for the unexpired terms. Members may be removed from\noffice by the county executive or by the legislative body of the county\nwhich appointed such members for inefficiency, neglect of duty or\nmisconduct in office; provided, however, that such member shall be given\na copy of the charges against him and an opportunity of being heard in\nperson, or by counsel, in his defense upon not less than ten days\nnotice. The members of the authority shall receive such compensation for\ntheir services on a per diem basis as the legislative bodies of the\ncounties shall determine and shall be reimbursed for all their actual\nand necessary expenses incurred in connection with the carrying out of\nthe purposes of this title. The powers of the authority shall be vested\nin and be exercised by the governing body at a meeting duly called and\nheld and five of the members shall constitute a quorum. No action shall\nbe taken except pursuant to the favorable vote of not less than a\nmajority of the ten members which the authority would have would there\nbe not vacancies and were none of the members disqualified from acting.\nThe governing body may delegate to one or more of its members, officers,\nagents or employees such powers and duties as it may deem proper.\n 2. The officers of the authority shall consist of a chairman, a\nvice-chairman and a treasurer, who shall be members of the authority,\nand a secretary, who need not be a member of the authority. Such\nofficers shall be appointed by the governing body and shall serve at the\npleasure of the governing body. In addition to the secretary, the\ngoverning body may appoint and at pleasure remove an attorney, engineer\nand executive director which positions shall be in the exempt class of\ncivil service and such additional officers and employees as they may\ndetermine necessary for the performance of the powers and duties of the\nauthority, and fix and determine their qualifications, duties and\ncompensation, subject to the provisions of the civil service law. The\ngoverning body may also, from time to time, contract for expert\nprofessional services. The treasurer shall execute a bond, conditioned\nupon the faithful performance of the duties of his office, the amount\nand sufficiency of which shall be approved by the governing body and the\npremium therefor shall be paid by the authority.\n 3. Notwithstanding any inconsistent provisions of any general, special\nor local law, ordinance, resolution or charter, no officer, member or\nemployee of the state, the counties, any other municipality, or any\npublic benefit corporation, shall forfeit his or her office of\nemployment by reason of his or her acceptance of appointment as a\nmember, officer, agent or employee of the authority, nor shall service\nas such member, officer, agent or employee be deemed incompatible or in\nconflict with such office, membership or employment.\n 4. Each of the counties electing to participate in the authority shall\nfile on or before December thirty-first of the year in which this title\nshall take effect, in the office of the secretary of state, a\ncertificate signed by the chairman of its legislative body setting\nforth: (a) the name of the authority; (b) the names of the members\nappointed by such county legislature and the county executive of such\ncounty, where applicable, and their terms of office; and (c) the\neffective date of this title. The authority shall be perpetual in\nduration, except that if such certificate is not filed with the\nsecretary of state on or before such date than the corporate existence\nof the authority shall thereupon terminate and it shall thereupon 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 termination of the\nexistence of the authority, all of the rights and properties of the\nauthority then remaining shall pass to and vest in the counties.\n 5. In the event that the chairman of the county legislature of only\none of the counties shall file in the office of the secretary of state\nthe certificate described in subdivision four of this section, then the\nsolid waste management authority provided for in this title shall be\ncreated as the solid waste management authority for such county and the\nauthority shall be created to serve the area of such county and shall\nhave all powers set forth in this title. In such event, the authority\nshall be known as the solid waste management authority of that county,\nthis title shall be known and cited as the solid waste management\nauthority act of that county, the area of operation shall be limited to\nthat county, legislative body or legislative bodies shall mean the\nlegislative body of that county, the membership of the authority shall\nconsist of the members to be appointed by the legislative body and, if\nsuch certificate shall be filed by the chairman of the county\nlegislature of the county of Oneida, by the county executive of such\ncounty and all references to the counties or each of the counties shall\nmean the county in which such chairman shall have filed such\ncertificate. All other references or provisions in this title to more\nthan one county shall be deemed to refer solely to such participating\ncounty, it being the intention of this section to permit the creation of\nthe authority for only one county if such other county shall elect not\nto participate.\n 6. 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 counties and the state for the improvement\nof their health, welfare and prosperity and that such purposes are\npublic purposes and that the authority is and will be performing an\nessential governmental function in the exercise of the powers conferred\nupon it by this title.\n