NY Pub Auth L § 1115-E (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 6 - Albany Municipal Water Finance Authority 1115-E - Water Board.

§  1115-e.  Water  board.  1.  A  city water board may be created by a special act of the state legislature at the request of  the  city  as  a body   corporate   and   politic,  constituting  a  corporate  municipal instrumentality of the  state  and  having  the  powers  and  duties  as provided in this title.   2.  The  water  board  shall  consist  of  five  members, who shall be residents of the city and appointed by  the  mayor.  The  first  members appointed  by  the  mayor  shall be appointed for the following terms of office: one for a term ending on December  thirty-first  of  the  second year  following  the  year  in  which  the  special  act  of  the  state legislature creating the water board shall have become law,  two  for  a term  ending  on  December  thirty-first of the third year following the year in which such special act shall have become law, and two for a term ending on December thirty-first of the fourth year following the year in which such special act shall have become law. Subsequent appointments of members shall be made for a term of three years ending in each  case  on December  thirty-first of the last year of such term. No member shall be a member of the governing body of the authority. Any member appointed by the mayor who is not an employee of the city of Albany shall be deemed a public member. All members shall continue to  hold  office  until  their successors  are  appointed and qualified.   Vacancies shall be filled in the manner provided  for  original  appointments.  Vacancies,  occurring otherwise  than  by  expiration  of  term  of office, shall be filled by appointment for the unexpired terms.  Members may be removed from office for the same reasons and in the same manner as may be  provided  by  law for  the  removal  of  officers of the city. Each public member shall be entitled to a salary of five thousand dollars  per  annum.  All  members shall  receive  no  reimbursement for the ordinary expenses of attending meetings, but may by resolution of the  water  board  be  allowed  their expenses  of  a  special  or  extraordinary  nature. A public member may receive additional compensation to be fixed by the members, if appointed an officer of the water board. The powers of the water  board  shall  be vested  in  and  be  exercised  by  the governing body at a meeting duly called and held where a quorum of three members is  present.  No  action shall  be  taken except pursuant to the favorable vote of at least three members. 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.   3. The officers of the water board shall  consist  of  a  chairman,  a vice-chairman  and a treasurer, who shall be members of the water board, and a secretary, who need not be a  member  of  the  water  board.  Such officers  shall  be  appointed  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 such additional officers and employees as it may determine necessary for the performance of the powers and duties of the authority, and  fix  and determine  their qualifications, duties and compensation, subject to the provisions of the civil service law. 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 or her office, the amount and sufficiency of which shall be approved by the governing body and the premium therefor shall be paid by the water board.   4. Notwithstanding any inconsistent provision of any general,  special or  local  law,  ordinance, resolution or charter, no officer, member or employee of the state, the city, any other municipality, or  any  public benefit  corporation, shall be deemed to have forfeited or shall forfeit his or her office or employment  or  any  benefits  provided  under  the  retirement and social security law by reason of his or her acceptance of appointment  as a member, officer, agent or employee of the water board, nor shall service as such member, officer, agent or employee  be  deemed incompatible or in conflict with such office, membership or employment.   5.  (a)  The  mayor  shall file on or before March thirty-first of the year  following  the  year  in  which  the  special  act  of  the  state legislature  creating  the  water  board  shall  have become law, in the office of the secretary of state, a  certificate  signed  by  the  mayor setting  forth:  (1)  the  name of the water board; (2) the names of the members appointed by the mayor and their terms of office;  and  (3)  the effective  date of the special act of the state legislature creating the water board. If such certificate is not  filed  with  the  secretary  of state  on or before such date, then the corporate existence of the water board shall thereupon terminate and it shall thereupon be deemed  to  be and shall be dissolved.  (b)  The  water board and its corporate existence shall continue until terminated by law, provided, however, that no such law shall take effect so long as the water board shall have contractual duties or  obligations outstanding unless adequate provision has been made for the satisfaction thereof.  Upon  termination  of the existence of the water board, all of the rights and properties of the water board then remaining  shall  pass to and vest in the city.   6.  It  is hereby determined and declared that the water board and the carrying out of its powers and  duties  are  in  all  respects  for  the benefit  of  the people of the city and the state for the improvement of their health, welfare and prosperity and that such purposes  are  public purposes and that the water board is and will be performing an essential governmental function in the exercise of the powers conferred upon it by this title.