2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 6 - Albany Municipal Water Finance Authority › 1115-E - Water Board.

§  1115-e.  Water  board.  1.  A  city water board may be created by a
special act of the state legislature at the request of  the  city  as  a
body   corporate   and   politic,  constituting  a  corporate  municipal
instrumentality of the  state  and  having  the  powers  and  duties  as
provided in this title.
2.  The  water  board  shall  consist  of  five  members, who shall be
residents of the city and appointed by  the  mayor.  The  first  members
appointed  by  the  mayor  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  the  special  act  of  the  state
legislature creating the water board shall have become law,  two  for  a
term  ending  on  December  thirty-first of the third year following the
year in which such special act shall have become law, and two for a term
ending on December thirty-first of the fourth year following the year in
which such special act shall have become law. 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. No member shall be
a member of the governing body of the authority. Any member appointed by
the mayor who is not an employee of the city of Albany shall be deemed a
public member. All members shall continue to  hold  office  until  their
successors  are  appointed and qualified.   Vacancies shall be filled in
the manner provided  for  original  appointments.  Vacancies,  occurring
otherwise  than  by  expiration  of  term  of office, shall be filled by
appointment for the unexpired terms.  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 city. Each public member shall be
entitled to a salary of five thousand dollars  per  annum.  All  members
shall  receive  no  reimbursement for the ordinary expenses of attending
meetings, but may by resolution of the  water  board  be  allowed  their
expenses  of  a  special  or  extraordinary  nature. A public member may
receive additional compensation to be fixed by the members, if appointed
an officer of the water board. The powers of the water  board  shall  be
vested  in  and  be  exercised  by  the governing body at a meeting duly
called and held where a quorum of three members is  present.  No  action
shall  be  taken except pursuant to the favorable vote of at least three
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.
3. The officers of the water board shall  consist  of  a  chairman,  a
vice-chairman  and a treasurer, who shall be members of the water board,
and a secretary, who need not be a  member  of  the  water  board.  Such
officers  shall  be  appointed  by the governing body and shall serve in
such capacities at the pleasure of the governing body.  In  addition  to
the  secretary,  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 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 water board.
4. Notwithstanding any inconsistent provision of any general,  special
or  local  law,  ordinance, resolution or charter, no officer, member or
employee of the state, the city, any other municipality, or  any  public
benefit  corporation, shall be deemed to have forfeited or shall forfeit
his or her office or employment  or  any  benefits  provided  under  the

retirement and social security law by reason of his or her acceptance of
appointment  as a member, officer, agent or employee of the water board,
nor shall service as such member, officer, agent or employee  be  deemed
incompatible or in conflict with such office, membership or employment.
5.  (a)  The  mayor  shall file on or before March thirty-first of the
year  following  the  year  in  which  the  special  act  of  the  state
legislature  creating  the  water  board  shall  have become law, in the
office of the secretary of state, a  certificate  signed  by  the  mayor
setting  forth:  (1)  the  name of the water board; (2) the names of the
members appointed by the mayor and their terms of office;  and  (3)  the
effective  date of the special act of the state legislature creating the
water board. If such certificate is not  filed  with  the  secretary  of
state  on or before such date, then the corporate existence of the water
board shall thereupon terminate and it shall thereupon be deemed  to  be
and shall be dissolved.
(b)  The  water board and its corporate existence shall continue until
terminated by law, provided, however, that no such law shall take effect
so long as the water board shall have contractual duties or  obligations
outstanding unless adequate provision has been made for the satisfaction
thereof.  Upon  termination  of the existence of the water board, all of
the rights and properties of the water board then remaining  shall  pass
to and vest in the city.
6.  It  is hereby determined and declared that the water board and the
carrying out of its powers and  duties  are  in  all  respects  for  the
benefit  of  the people of the city and the state for the improvement of
their health, welfare and prosperity and that such purposes  are  public
purposes and that the water board is and will be performing an essential
governmental function in the exercise of the powers conferred upon it by
this title.