NY Pub Auth L § 2041-B (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 13-AA - Montgomery, Otsego, Schoharie Solid Waste Management Authority 2041-B - Montgomery, Otsego, Schoharie Solid Waste Management Authority.

§   2041-b.  Montgomery,  Otsego,  Schoharie  solid  waste  management authority. 1. A corporation known as the Montgomery,  Otsego,  Schoharie solid  waste  management  authority  is  hereby  created  for the public purposes and charged with the duties and having the powers  provided  in this  title.  The  authority  shall  be  a  body  corporate  and politic constituting  a  public  benefit  corporation  consisting   of   members appointed by the participating counties. Its membership shall consist of a  board  of  no  more  than  eight  members,  who shall be appointed as follows: three members from the county of Montgomery to be appointed  by the  chairman  of the board of supervisors and confirmed by the board of supervisors of such county all of whom shall be residents of the  county and  at  least one of whom shall be a resident of the city of Amsterdam; three members from the county of Otsego to be appointed by the  chairman of   the  board  of  representatives  and  confirmed  by  the  board  of representatives of such county all of whom shall  be  residents  of  the county  and  at  least  one  of  whom shall be a resident of the city of Oneonta; two members from the county of Schoharie both of whom shall  be residents  of  the county, and who shall be appointed by the chairman of the board of supervisors and confirmed by the board  of  supervisors  of such  county.  The first members of the authority shall be appointed for the following terms from the thirty-first day of December of the year in which this title shall take effect; one member each to be  appointed  by each county for a term of four years; one member each to be appointed by each  county  for a term of two years; one member to be appointed by the county of Montgomery for a  term  of  three  years;  one  member  to  be appointed  by the county of Otsego for a term of three years. Subsequent appointments of members shall be made in the same manner and  for  terms of four years ending in each case on the thirty-first day of December of the  last  year  of  each  such term. All members shall continue to hold office until their  successors  are  appointed  and  qualify.  Vacancies occurring  at  the  end  of  a  term  shall each be filled in the manner provided for original appointment and for a four  year  term.  Vacancies occurring  otherwise than by expiration of a term shall be filled by the affected participating county in the same manner respectively,  for  the unexpired  terms.  Members  may  be removed from office by the governing body of the county from which appointed  for  inefficiency,  neglect  of duty  or  misconduct in office after the authority or governing body has given such member a copy of the charges against him and  an  opportunity to  be  heard in person or by counsel in his defense, upon not less than ten days notice. If any member shall be so removed, there shall be filed with the chairman of the authority and the chairman  of  such  governing body  a  complete  statement of charges made against such member and the findings of the governing body thereon, together with a complete  record of the proceeding.   2.  The  members  of  the  authority shall receive no compensation for their services whether as members or officers of the authority but shall be reimbursed for all their actual and necessary  expenses  incurred  in connection  with  the  carrying  out  of the purposes of this title. The powers of the authority shall be vested in the members thereof in office from time to time and a majority of members shall constitute a quorum at any meeting of the authority.  No  vacancy  in  the  membership  of  the authority  shall  impair  the  right of such members to exercise all the rights and perform all the duties of the authority.  Any action taken by the authority under the provisions of this title may be authorized at  a meeting  of  the  authority  by resolution approved by a majority of the total number of members then in  office,  which  resolution  shall  take effect immediately.    3.  The  officers  of  the  authority  shall  consist of a chairman, a vice-chairman and a treasurer, who shall be members of the authority and a secretary, who need not be a member of the  authority.  Such  officers shall  be  selected  by  the  governing  body  and  shall  serve in such capacities  at  the  pleasure  of the governing body. In addition to the secretary, the governing body may appoint  and  at  pleasure  remove  an executive  director,  an  attorney,  an  engineer  and  such  additional officers and employees as it may determine necessary for the performance of the powers and duties of the authority, which positions shall  be  in the  exempt  class  of  civil  service,  and  fix  and  determine  their qualifications, duties and compensation, subject to  the  provisions  of the  civil  service law, provided however, that no elected official of a participating county or any municipality therein shall be  appointed  as an  employee of the authority; provided, however, that nothing contained in this section shall prohibit an elected official  of  a  participating county or municipality therein from furnishing work, materials, supplies or labor pursuant to a contract which the authority is empowered to make pursuant  to  this title. The governing body may delegate to one or more of its members, officers, agents, or employees such powers and duties as it may deem proper. The governing  body  may  also  from  time  to  time contract for expert professional services. The treasurer shall execute a bond,  conditioned  upon  the  faithful performance of the duties of his office, the amount and sufficiency of which shall  be  approved  by  the governing body and the premium for which shall be paid by the authority.   4.  (a)  Each  of  the  counties  of  Montgomery, Otsego and Schoharie electing to participate in  the  authority  shall  file,  on  or  before October  first  of the year following the year in which this title shall take effect, in the office of the  secretary  of  state,  a  certificate signed  by  the chairman of its legislative body setting forth: the name of the authority; the names of the members appointed by that county; and the effective date of this title.  (b) The authority shall be perpetual in duration  and  shall  continue until  terminated  by  law,  except  if  the  certificate referred to in paragraph (a) of this subdivision is not filed by two or  more  counties on  or  before  the date specified in such paragraph, then the corporate existence of the authority shall thereupon terminate  and  it  shall  be deemed  to  be  and  shall be dissolved, provided, however, that no such termination shall take effect so long as the authority shall have  bonds or other obligations outstanding unless adequate provision has been made for  the  payment  or  satisfaction thereof. Upon any termination of the existence of the authority, all of the  rights  and  properties  of  the authority   then   remaining   shall  pass  to  and  be  vested  in  the participating counties in accordance with such law.   5. It is hereby determined and declared, that the  authority  and  the carrying  out  of  its  powers  and  duties  are in all respects for the benefit of the people of the participating counties and  the  state  for the  improvement  of their health, welfare, and prosperity and that such purposes are public purposes and that  the  authority  is  and  will  be performing  an  essential  governmental  function in the exercise of the powers conferred upon it by this title.