NY Pub Auth L § 2050-CC (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 13-H - Eastern Rensselaer County Solid Waste Management Authority 2050-CC - Eastern Rensselaer County Solid Waste Management Authority.

§ 2050-cc. Eastern Rensselaer county solid waste management authority.   1.  A  corporation  known  as  the Eastern Rensselaer county 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. It shall consist of a maximum of seventeen   members and a minimum of six  members,  one  member  appointed  by  each   legislative  body  of  the towns constituting the authority. Each member   shall be appointed to serve a five year term. Subsequent appointment  of   members  by each legislative body shall be made for a term of five years   ending in each case on December thirty-first of the last  year  of  such   term.  All  members shall continue to hold office until their successors   are appointed and qualify. Vacancies shall be  filled  by  the  affected   legislative body in the manner provided for in the original appointment.   Vacancies,  occurring  otherwise  than  by expiration of term of office,   shall be filled by the  affected  legislative  body  for  the  unexpired   terms. Members may be removed from office by the legislative body of the   town  which  appointed such members for inefficiency, neglect of duty or   misconduct in office; provided, however, that such member shall be given   a copy of the charges against him and an opportunity of being  heard  in   person,  or  by  counsel,  in  his  defense  upon not less than ten days   notice. The members of the authority 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  and  be  exercised  by  the governing body at a meeting duly   called and held and a majority of the members shall constitute a quorum.   No action shall be taken except pursuant to the favorable  vote  of  not   less than a majority of the members which the authority would have would   there  be  no  vacancies  and were none of the members disqualified from   acting. 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,  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 appointed by the governing body and shall serve at the   pleasure  of  the  governing  body.  In  addition  to the secretary, the   governing body may appoint and at pleasure remove an attorney,  engineer   and  executive  director which positions shall be in the exempt class of   civil service and such additional officers and  employees  as  they  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  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 provisions of any general, special   or  local  law,  ordinance, resolution or charter, no officer, member or   employee  of  the  state,  Rensselaer  county,  the  towns,  any   other   municipality,  or  any  public benefit corporation, shall forfeit his or   her office  of  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.4.  The  chairman  of  the town legislature of each of the towns shall   file on or before December thirty-first, nineteen hundred ninety, in the    office of  the  secretary  of  state,  a  certificate  approved  by  the   legislature  setting  forth: (a) the name of the authority; (b) the name   of the member appointed by such town legislature; (c) a verified copy of   a  duly  adopted  local  law  or  ordinance as prescribed in section one   hundred twenty-aa of the general municipal law; and  (d)  the  effective   date of this title. The authority shall be perpetual in duration, except   that if any town shall not file such certificate, such town shall not be   included  within  the  definition  of "towns" as such term is defined in   subdivision eighteen of section two thousand fifty-bb of this title, and   further, if such certificate is not filed by six or more towns 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; 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. Prior to 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 towns in such   manner as shall be determined by the towns.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 towns 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.