NY Pub Auth L § 2049-C (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 13-F - Town of North Hempstead Solid Waste Management Authority 2049-C - Town of North Hempstead Solid Waste Management Authority.

§ 2049-c. Town of North Hempstead solid waste management authority. 1. A  corporation  known  as  the  Town  of  North  Hempstead  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 and a public authority. Its membership shall consist of a board of seven  directors  comprised,  ex-officio,  of  the members of the town board.   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  of  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  four  members  are  present.  No action shall be taken except by the favorable vote of at least four members. The officers of the  authority, in  addition  to  the  chairman,  shall consist of 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. The officers of the authority other than the  chairman  shall  be  selected  by  the  members  of  the authority,  and  such  officers  shall  serve  in such capacities at the pleasure of the authority. In addition to the position of secretary, the authority may appoint and at  pleasure  remove  an  executive  director, attorney  and  engineer, which positions shall be in the exempt class of the civil service, and such additional officers and employees as it  may deem  necessary,  and may determine and fix their qualifications, duties and compensation, without regard to whether they are or  shall  also  be employees or agents of the town and are or shall be being compensated as such,  subject to the provisions of the civil service law. The authority may delegate to  one  or  more  of  its  members,  officers,  agents  or employees  any such powers as it may deem proper. The authority may also contract for expert professional services. The treasurer shall execute a bond conditioned on the faithful performance of the duties of his or her office, the amount of sufficiency of which  shall  be  approved  by  the governing body and the premium for which 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 a member, officer, agent or employee be deemed incompatible or  in  conflict  with  such  office, membership or employment.   4. (a) The town shall file on or before March thirty-first of the year following  the  year in which this title shall have become a law, in the office of the secretary of state,  a  certificate  signed  by  the  town supervisor  setting  forth: (1) the name of the authority; (2) the names of the members; and (3) the effective date of this title.  (b) The authority shall be perpetual in duration, except that  if  the certificate  referred  to  in  paragraph  (a) of this subdivision is not filed with the secretary of state 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, and except, further, that the authority and its corporate existence  may be  terminated  by  law  or  by  resolution of the town board, 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  vest  in the town. In connection with any such termination pursuant to  a  resolution  of  the town board, the town supervisor shall, within thirty days of the effective date  of  such  termination,  file  in  the office of the secretary of state a certificate setting forth the name of the authority and the effective date of the termination.