2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 10-D - Nassau County Sewer and Storm Water Finance Authority › 1232-C - Nassau County Sewer and Storm Water Finance Authority.

§  1232-c. Nassau county sewer and storm water finance authority. 1. A
public benefit corporation, to be known as the "Nassau county sewer  and
storm  water  finance  authority"  is  hereby  created  for  the  public
purposes, charged with the duties and having the powers provided in this
title. The authority shall be a "covered organization", as such term  is
defined  pursuant  to the Nassau county interim finance authority act in
subdivision ten of section thirty-six hundred fifty-one of this chapter,
and shall maintain itself as a publicly rated investment  grade  entity.
The  authority  shall  be  a  body  corporate and politic constituting a
public benefit corporation, the objects of which in the judgment of  the
legislature  cannot  be  attained  under  general  laws. The authority's
governing body shall consist of seven members who shall be residents  of
the  county,  and  be appointed by the county executive and confirmed by
the county legislature;  one  upon  the  recommendation  of  the  county
comptroller,  two  upon  recommendation  of the presiding officer of the
county legislature and two upon recommendation of the minority leader of
the county legislature. No more than four members shall  be  members  of
the  same  political  party.  The  first members appointed by the county
executive shall be appointed for the following terms of office: two  for
a  term  ending on December thirty-first, two thousand five, three for a
term ending on December thirty-first, two thousand six  and  two  for  a
term  ending  on  December  thirty-first, two thousand seven. 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. All
members  shall  continue  to  hold  office  until  their  successors are
appointed and qualify, provided that any member who is a county employee
shall cease to hold office upon termination of his or her  status  as  a
county  employee.  Vacancies shall be filled in the same manner provided
for  original  appointment.  Vacancies,  occurring  otherwise  than   by
expiration  of  term  of  office, shall be filled by appointment for the
unexpired terms. The governing body shall appoint a chairperson, a  vice
chairperson  and  a treasurer from their own members and a secretary who
need not be a member. 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. In addition, a member may be removed from
office for inefficiency, neglect of duty or misconduct in office,  after
the  governing  body has given such member a copy of the charges against
him or her and opportunity to be heard in person or by counsel in his or
her defense, upon not less than ten days notice. If a  member  fails  to
attend  three consecutive regular meetings of the authority, unless such
absence is for good cause and is  excused  by  the  chairperson  of  the
authority  or,  in  the case of the chairperson of the authority, by the
chairperson of the county legislature, the office may be  deemed  vacant
for purposes of nomination and appointment of a successor. Members shall
serve  without  compensation,  but  each  member  shall  be  entitled to
reimbursement of their actual and necessary expenses,  including  travel
expenses,  incurred  in the discharge of their duties, provided that the
aggregate of such reimbursement allowance  to  any  one  member  of  the
authority  in  any one fiscal year of the authority shall not exceed the
sum of five thousand dollars;  provided,  however,  that  the  authority
shall  adopt  by-laws  regarding  the  approval of such reimbursement of
their  actual  and  necessary  expenses  that  specifically  include   a
procedure  for prior approval of such expenses by a majority vote of the
authority.
2. 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 is present. No action shall be taken except pursuant to the
favorable vote of at least four  members;  provided,  however,  that  no

action  shall  be  taken  approving borrowing and contracts in an amount
exceeding fifty thousand dollars,  except  by  favorable  vote  of  five
members of the governing body. The governing body may delegate to one or
more  of  its  members or officers such powers and duties as it may deem
proper.
3. The officers of the authority, consisting of the  chairperson,  the
vice  chairperson,  the  treasurer and the secretary shall serve in such
capacities at the pleasure of the governing body  without  compensation,
but  each  such  officer  shall  be  reimbursed for actual and necessary
expenses incurred in the performance of such officer's  official  duties
as  officers  of the authority. 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 therefore shall be paid
by the authority.
4. 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  or  officer  of  the
authority,  nor  shall  service  as  such  member  or  officer be deemed
incompatible or in conflict with such office, membership or  employment,
provided, that such officer serves in an unpaid capacity.
5. The authority shall hire no employees.
6. (a) The county executive 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  county  executive setting forth: (1) the name of the authority; (2)
the names of the members appointed by the  county  executive  and  their
terms  of  office;  and  (3)  the  effective date of this title. 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, properties, responsibilities and liabilities  of  the  authority
then remaining shall pass to and vest in the county.
7.  Nothing herein shall be construed to exempt the authority from the
requirements set forth in the environmental  conservation  law  and  the
regulations  promulgated  thereunder  implementing the provisions of the
state environmental quality review act.
8. 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.
9. Nothing in this title shall be construed to obligate the  state  in
any  way  in  connection  with  the  operations  or  obligations  of the
authority.