NY Pub Auth L § 1123-2 (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 6-C* - Dutchess County Water and Wastewater Authority 1123*2 - Dutchess County Water and Wastewater Authority.

* §  1123. Dutchess county water and wastewater authority. 1. A public corporation, to be known as the "Dutchess county  water  and  wastewater authority" is hereby created for the public purpose 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 and shall be a "public district"  for  purposes  of  section eighty-nine-l  of  the  public  service law, the objects of which in the judgment of the legislature cannot be attained under general  laws.  The governing  body of the authority shall consist of a total of five voting members, two of whom shall be appointed by the county executive, without confirmation of the county legislature, two of whom shall  be  appointed by  the  chairman of the county legislature, without confirmation of the county legislature and without county executive right to veto,  and  one of  whom  shall  be  appointed  jointly  by the county executive and the chairman of the county  legislature,  subject  to  confirmation  by  the county  legislature,  and of three non-voting ex officio members, one of whom shall be the manager of the  county  soil  and  water  conservation district,   one   of  whom  shall  be  the  executive  director  of  the environmental management council and one of whom  shall  be  the  county commissioner of planning, or their designated representatives. No voting member  shall,  either  at  the time of his or her appointment or at any time during which he or she shall serve as a voting member, be a  member of the county legislature, a town board, village board of trustees, city council,  common  council, board of estimate and apportionment, board of estimate and contract, or member of a body serving a similar function in a city, or a member of a body serving a similar function of a  sewer  or water  district  which,  as  of  December thirty-first, nineteen hundred thirty-eight, possessed both the power to contract indebtedness  in  its own  name and to levy taxes or benefit assessments upon real property or require the levy of such taxes or benefit assessments. The  election  or appointment  of  a  voting member to any such office or membership shall result in a vacancy in the position of such voting member effective  the date  of  the assumption of such office or membership. The first members appointed by the county executive 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 this title shall have become law and one for a term ending on December thirty-first  of  the  fifth  year following  the year in which this title shall have become law. The first members appointed by the county legislature  shall  have  the  following terms:  one for a term ending on December thirty-first of the first year following the year in which this title shall have become law and one for a term ending on December thirty-first of the fourth year following  the year in which this title shall have become law. The first member jointly appointed  by the county executive and the county legislature shall have a term of office ending on  December  thirty-first  of  the  third  year following the year in which this title shall have become law. Subsequent appointments  of  voting  members shall be made for a term of five years ending in each case on December thirty-first of the last  year  of  such term.  No  person  who has served as a voting member for two consecutive terms shall be eligible for reappointment as a member for a third  term, except  after  an  interval  of  at least two years. Any initial term or unexpired term greater than two years shall be considered to be  a  five year  term. All voting members shall continue to hold office until their successors are appointed and qualify. Vacancies shall be  filed  in  the manner provided for original appointment. Vacancies, occurring otherwise than by expiration of term of office, shall be filled by appointment for the  unexpired  terms. Voting 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 county. The members of the authority shall receive no compensation for their services, but shall be reimbursed  for 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 and be exercised by the governing body at  a  meeting duly called and held where a quorum of three voting members are present. No  action  shall  be  taken except pursuant to the favorable vote of at least three voting 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.   2. The officers of the authority shall  consist  of  a  chairman,  who shall  be  a  voting  member of the authority, and a vice-chairman and a treasurer,  who  shall  be  voting  members  of  the  authority,  and  a secretary, who need not be either a voting member or a non-voting member of  the authority. Such officers shall be appointed by the voting member of the governing body and shall serve in such capacities at the pleasure of the voting  members  of  the  governing  body.  In  addition  to  the secretary,  the  voting members of 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 voting members of 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 authority.   3.  Notwithstanding any inconsistent provision of any general, special or local law, ordinance, resolution or charter, no  officer,  member  or employee   of  the  state,  any  municipality,  or  any  public  benefit corporation, shall forfeit his or her office or employment by reason  of his  or  her  acceptance  of  appointment as a member, officer, agent or employee of the authority, nor shall service as  such  member,  officer, agent  or  employee  be  deemed  incompatible  or  in conflict with such office, membership  or  employment  and  any  such  officer,  member  or employee  may  accept  such  appointment and serve as a member, officer, agent or employee of the  authority  without  forfeiture  of  any  other office or position of public employment by reason thereof.   4.  (a)  The  county  executive  shall  file  on  or  before  December thirty-first of the year in which this title shall have become a law, in the office of the secretary of state, a certificate signed by the county executive setting forth: (1) the name of the authority; (2) the names of the voting members initially appointed, and their terms of  office;  (3) the  names of the ex officio members, and (4) the effective date of this title. The authority shall be perpetual in duration, except that if such certificate is not filed with the secretary of state on or  before  such date,  then  the  corporate  existence  of the authority shall thereupon terminate and it shall thereupon be deemed to be and shall be dissolved.  (b) Except as provided in  paragraph  (a)  of  this  subdivision,  the authority and its corporate existence shall continue until terminated by law;  provided,  however,  that no such law 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 termination of the existence of the authority, all of  the rights  and properties of the authority then remaining shall pass to and vest in the county.   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 county 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.   * NB There are 2 § 1123's