§ 2053-C — Rockland county solid waste management authority

New York § 2053-C

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 13-M: Rockland County Solid Waste Management Authority
• Art. 8: Miscellaneous Authorities

Text

§ 2053-c. Rockland county solid waste management authority. 1. Upon\ncompliance with the requirements of subdivision seven of this section, a\ncorporation known as the Rockland county solid waste management\nauthority shall be deemed to have been created hereby 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. In order to be more\nconsistent with the authority's goals, mission and objectives, the\nauthority shall also be known as Rockland Green and/or RG Cares.\n 2. The authority shall consist of seventeen members. Eight members\nshall be members of the county legislature. Five of the eight\nlegislative members shall be appointed by the chairman of the county\nlegislature and three shall be appointed by the minority leader of the\ncounty legislature, subject in each case to confirmation by a majority\nof the county legislature. No such appointment shall be effective unless\nthere shall be, among the legislative members of the authority, a\nresident of each of the five towns in the county. Residency shall be\ndetermined as of the effective date of appointment, and subsequent\nchanges in residency shall not effect the validity of the appointment or\nthe authority of the legislative member to serve in the authority. Each\nof the legislative members of the authority initially appointed and\ncertified to the secretary of state shall serve for a term ending on\nJanuary fifteen, nineteen hundred ninety-four. Subsequent appointments\nof legislative members of the authority shall be made in the same manner\nand for terms of two years. All legislative members shall continue to\nhold office until their successors are appointed and qualify. Vacancies\noccurring otherwise than by expiration of term shall be filled in the\nsame manner, respectively, for the unexpired term. Members may be\nremoved from office for the same reasons and in the same manner as\nprovided by law for the removal of officers of the county. Appointments\nto fill expired and unexpired terms shall be made within sixty days upon\nreceipt of notification by the chairman of the board of supervisors that\na vacancy exists.\n 3. Five members of the authority shall consist, ex officio, of the\nsupervisors of the five towns in the county. The term of each town\nsupervisor serving ex officio as a member of the authority shall\ncoincide with such member's term of elective office. No person shall be\nboth an appointed member from the county legislature and a town\nsupervisor serving ex officio as a member of the authority. Two members\nof the authority shall be appointed by and shall serve at the pleasure\nof the county executive of the county. Two members shall be mayors of\nvillages contained within the county of Rockland and shall be appointed\nby the county legislature upon the recommendation of the Rockland county\nconference of mayors. The term of each mayor serving as a member of the\nauthority shall coincide with such member's term of elective office, not\nto exceed two years. No such mayor shall be selected from a village that\nhas failed to sign the intermunicipal recyclables management agreement.\nSuch mayors are to be selected from different towns within Rockland\ncounty, and for the purposes of determining which town a mayor is\ndetermined to be from, if the jurisdiction of the municipality in which\na mayor presides spans more than one town, that mayor shall not be\nrestricted from appointment because one portion of his jurisdiction is\ncoterminous with that of another mayor chosen as a member of the\nauthority. Any member of the authority, whether appointed or serving ex\nofficio, may be removed from office by a vote of ten members of the\nauthority for gross neglect of duty, misconduct, maladministration or\nmalfeasance in office, including the unexcused failure to attend three\nconsecutive regular meetings of the authority.\n 4. The members of the authority shall receive no compensation for\ntheir services but shall be reimbursed for all of their actual and\nnecessary expenses incurred in connection with the carrying out of the\npurposes of this title. The powers of the authority shall be vested in\nand be exercised by the governing body at a meeting duly called and held\nwhere a quorum of eight members is present. No action shall be taken\nexcept by the favorable vote of at least eight members. The officers of\nthe authority shall consist of a chairman, a vice-chairman and a\ntreasurer who shall be members of the authority, and a secretary who\nneed not be a member of the authority. The officers of the authority\nshall be selected by the authority and shall serve in such capacities at\nthe pleasure of the authority. In addition to such officers, the\nauthority may appoint and at its pleasure remove an executive director,\nattorney and engineer, which positions shall be in the exempt class of\nthe civil service, and such additional officers and employees as it may\ndeem necessary, and may determine and fix their qualifications, duties\nand compensation, subject to the provisions of the civil service law.\nThe authority may delegate to one or more of its members, officers,\nagents or employees any such powers as it may deem proper. The authority\nmay also contract for expert professional services. The treasurer shall\nexecute a bond conditioned on the faithful performance of the duties of\nhis or her office, the amount and sufficiency of which shall be approved\nby the governing body and the premium for which shall be paid by the\nauthority.\n 5. 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 forfeit his or her office or employment by reason of\nhis or her acceptance of appointment as a member, officer, agent or\nemployee of the authority, nor shall service as a member, officer, agent\nor employee of the authority be deemed incompatible or in conflict with\nsuch office, membership or employment. The members and employees of the\nauthority shall be subject to all requirements of state and county law\npertaining to ethics and financial disclosure to which members of the\ncounty legislature and employees of the county, respectively, are\nsubject.\n 6. In addition to any powers granted to it by law, the county\nlegislature may appropriate by resolution with the concurrence of the\ncounty executive sums of money to defray project costs or any other\ncosts and expenses of the authority to be incurred prior to the first\nissuance of bonds. Subject to rights of bondholders, the county\nlegislature with the concurrence of the county executive may determine\nif the moneys so appropriated shall be subject to repayment by the\nauthority to the county and, in such eventuality, the manner and\nschedule for such repayment.\n 7. (a) The county shall file on or before the twelve month anniversary\nof the date on which this title shall have become a law, in the office\nof the secretary of state, a resolution of the county legislature\nadopted following a public hearing approving the creation of the\nauthority, together with a certificate approved by the county\nlegislature and signed by the county executive setting forth: (1) the\nname of the authority; (2) the names of the initial members; and (3) the\neffective date of this title. The authority shall be perpetual in\nduration, except that if such resolution and certificate are not filed\nwith the secretary of state on or before such date, then the power of\nthe legislature of the county to approve the creation of the authority\nshall thereupon lapse, the authority shall not be deemed to have been\ncreated hereby and shall not exist or be deemed to have existed, and the\nprovisions of this title shall no longer have any force or effect.\n (b) Except as provided in paragraph (a) of this subdivision, the\nauthority and its corporate existence shall continue until terminated by\nlaw; provided, however, that no such law shall take effect so long as\nthe authority shall have bonds or other obligations outstanding unless\nadequate provision has been made for the payment or satisfaction\nthereof. Upon termination of the existence of the authority, all of the\nrights and properties of the authority then remaining shall pass to and\nvest in the county.\n 8. It is hereby determined that the authority and the carrying out of\nits powers and duties are in all respects for the benefit of the people\nof the county and the state for the improvement of their health, welfare\nand prosperity and that such purposes are public purposes and that the\nauthority is and will be performing an essential governmental function\nin the exercise of the powers conferred upon it by this title.\n 9. In exercising the powers conferred upon it by this title, the\nauthority shall at all times act in accordance with, and be in\ncompliance with, the provisions of the solid waste management plan.\n