NY Pub Auth L § 2053-C (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 13-M - Rockland County Solid Waste Management Authority 2053-C - Rockland County Solid Waste Management Authority.

§  2053-c.  Rockland  county solid waste management authority. 1. Upon compliance with the requirements of subdivision seven of this section, a corporation  known  as  the  Rockland  county  solid  waste   management authority  shall  be  deemed  to have been created hereby 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.   2. The authority shall consist of  seventeen  members.  Eight  members shall   be  members  of  the  county  legislature.  Five  of  the  eight legislative members shall be appointed by the  chairman  of  the  county legislature  and  three shall be appointed by the minority leader of the county legislature, subject in each case to confirmation by  a  majority of the county legislature. No such appointment shall be effective unless there  shall  be,  among  the  legislative  members  of the authority, a resident of each of the five towns in the  county.  Residency  shall  be determined  as  of  the  effective  date  of appointment, and subsequent changes in residency shall not effect the validity of the appointment or the authority of the legislative member to serve in the authority.  Each of  the  legislative  members  of  the authority initially appointed and certified to the secretary of state shall serve for  a  term  ending  on January  fifteen,  nineteen hundred ninety-four. Subsequent appointments of legislative members of the authority shall be made in the same manner and for terms of two years. All legislative members  shall  continue  to hold  office until their successors are appointed and qualify. Vacancies occurring otherwise than by expiration of term shall be  filled  in  the same  manner,  respectively,  for  the  unexpired term.   Members may be removed from office for the same reasons  and  in  the  same  manner  as provided by law for the removal of officers of the county.  Appointments to fill expired and unexpired terms shall be made within sixty days upon receipt of notification by the chairman of the board of supervisors that a vacancy exists.   3.  Five  members  of  the authority shall consist, ex officio, of the supervisors of the five towns in the  county.  The  term  of  each  town supervisor  serving  ex  officio  as  a  member  of  the authority shall coincide with such member's term of elective office. No person shall  be both  an  appointed  member  from  the  county  legislature  and  a town supervisor serving ex officio as a member of the authority. Two  members of  the  authority shall be appointed by and shall serve at the pleasure of the county executive of the county.  Two members shall be  mayors  of villages  contained within the county of Rockland and shall be appointed by the county legislature upon the recommendation of the Rockland county conference of mayors.  The term of each mayor serving as a member of the authority shall coincide with such member's term of elective office, not to exceed two years. No such mayor shall be selected from a village that has failed to sign the intermunicipal recyclables management  agreement. Such  mayors  are  to  be  selected from different towns within Rockland county, and for the purposes  of  determining  which  town  a  mayor  is determined  to be from, if the jurisdiction of the municipality in which a mayor presides spans more than one  town,  that  mayor  shall  not  be restricted  from  appointment because one portion of his jurisdiction is coterminous with that of  another  mayor  chosen  as  a  member  of  the authority.  Any member of the authority, whether appointed or serving ex officio,  may  be  removed  from  office by a vote of ten members of the authority for gross neglect of duty,  misconduct,  maladministration  or malfeasance  in  office, including the unexcused failure to attend three consecutive regular meetings of the authority.   4. The members of the authority  shall  receive  no  compensation  for their  services  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  eight members is present. No action shall be taken except by the favorable vote of at least eight members. 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. The officers of the authority shall be selected by the authority and shall serve in such capacities at the pleasure of  the  authority.  In  addition  to  such  officers,  the authority  may appoint and at its 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,  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 and sufficiency of which shall be approved by  the  governing  body  and the premium for which shall be paid by the authority.   5. 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 of the authority be deemed incompatible or in conflict with such office, membership or employment. The members and employees of  the authority  shall  be subject to all requirements of state and county law pertaining to ethics and financial disclosure to which  members  of  the county  legislature  and  employees  of  the  county,  respectively, are subject.   6. In addition to  any  powers  granted  to  it  by  law,  the  county legislature  may  appropriate  by resolution with the concurrence of the county executive sums of money to defray  project  costs  or  any  other costs  and  expenses  of the authority to be incurred prior to the first issuance  of  bonds.  Subject  to  rights  of  bondholders,  the  county legislature  with  the concurrence of the county executive may determine if the moneys so appropriated shall  be  subject  to  repayment  by  the authority  to  the  county  and,  in  such  eventuality,  the manner and schedule for such repayment.   7. (a) The county shall file on or before the twelve month anniversary of the date on which this title shall have become a law, in  the  office of  the  secretary  of  state,  a  resolution  of the county legislature adopted following  a  public  hearing  approving  the  creation  of  the authority,   together   with   a  certificate  approved  by  the  county legislature and signed by the county executive setting  forth:  (1)  the name of the authority; (2) the names of the initial members; and (3) the effective  date  of  this  title.  The  authority  shall be perpetual in duration, except that if such resolution and certificate are  not  filed with  the  secretary  of state on or before such date, then the power of the legislature of the county to approve the creation of  the  authority shall  thereupon  lapse,  the authority shall not be deemed to have been created hereby and shall not exist or be deemed to have existed, and the provisions of this title shall no longer have any force or effect.  (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.   8. It is hereby determined 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.   9. In exercising the powers conferred  upon  it  by  this  title,  the authority  shall  at  all  times  act  in  accordance  with,  and  be in compliance with, the provisions of the solid waste management plan.