§ 2050-CC — Eastern Rensselaer county solid waste management authority

§ 2050-cc. Eastern Rensselaer county solid waste management authority.\n1. A corporation known as the Eastern Rensselaer county solid waste\nmanagement authority is hereby created for the public purposes and\ncharged with the duties and having the powers provided in this title.\nThe authority shall be a body corporate and politic constituting a\npublic benefit corporation. It shall consist of a maximum of seventeen\nmembers and a minimum of six members, one member appointed by each\nlegislative body of the towns constituting the authority. Each member\nshall be appointed to serve a five year term. Subsequent appointment of\nmembers by each legislative body 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 in the manner provided for in the original appointment.\nVacancies, occurring otherwise than by expiration of term of office,\nshall be filled by the affected legislative body for the unexpired\nterms. Members may be removed from office by the legislative body of the\ntown which 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 be reimbursed for all their\nactual and necessary expenses incurred in connection with the carrying\nout of the purposes of this title. The powers of the authority shall be\nvested in and be exercised by the governing body at a meeting duly\ncalled and held and a majority of the members shall constitute a quorum.\nNo action shall be taken except pursuant to the favorable vote of not\nless than a majority of the members which the authority would have would\nthere be no vacancies and were none of the members disqualified from\nacting. The governing body may delegate to one or more of its members,\nofficers, agents or employees such powers and duties as it may deem\nproper.\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, Rensselaer county, the towns, any other\nmunicipality, or any public benefit corporation, shall forfeit his or\nher office of employment by reason of his or her acceptance of\nappointment as a member, officer, agent or employee of the authority,\nnor shall service as such member, officer, agent or employee be deemed\nincompatible or in conflict with such office, membership or employment.\n 4. The chairman of the town legislature of each of the towns shall\nfile on or before December thirty-first, nineteen hundred ninety, in the\noffice of the secretary of state, a certificate approved by the\nlegislature setting forth: (a) the name of the authority; (b) the name\nof the member appointed by such town legislature; (c) a verified copy of\na duly adopted local law or ordinance as prescribed in section one\nhundred twenty-aa of the general municipal law; and (d) the effective\ndate of this title. The authority shall be perpetual in duration, except\nthat if any town shall not file such certificate, such town shall not be\nincluded within the definition of "towns" as such term is defined in\nsubdivision eighteen of section two thousand fifty-bb of this title, and\nfurther, if such certificate is not filed by six or more towns with the\nsecretary of state on or before such date then 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. Prior to 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 towns in such\nmanner as shall be determined by the towns.\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 towns and the state for the improvement of\ntheir health, welfare and prosperity and that such purposes are public\npurposes and that the authority is and will be performing an essential\ngovernmental function in the exercise of the powers conferred upon it by\nthis title.\n