2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-AA - Montgomery, Otsego, Schoharie Solid Waste Management Authority › 2041-B - Montgomery, Otsego, Schoharie Solid Waste Management Authority.

§   2041-b.  Montgomery,  Otsego,  Schoharie  solid  waste  management
authority. 1. A corporation known as the Montgomery,  Otsego,  Schoharie
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  consisting   of   members
appointed by the participating counties. Its membership shall consist of
a  board  of  no  more  than  eight  members,  who shall be appointed as
follows: three members from the county of Montgomery to be appointed  by
the  chairman  of the board of supervisors and confirmed by the board of
supervisors of such county all of whom shall be residents of the  county
and  at  least one of whom shall be a resident of the city of Amsterdam;
three members from the county of Otsego to be appointed by the  chairman
of   the  board  of  representatives  and  confirmed  by  the  board  of
representatives of such county all of whom shall  be  residents  of  the
county  and  at  least  one  of  whom shall be a resident of the city of
Oneonta; two members from the county of Schoharie both of whom shall  be
residents  of  the county, and who shall be appointed by the chairman of
the board of supervisors and confirmed by the board  of  supervisors  of
such  county.  The first members of the authority shall be appointed for
the following terms from the thirty-first day of December of the year in
which this title shall take effect; one member each to be  appointed  by
each county for a term of four years; one member each to be appointed by
each  county  for a term of two years; one member to be appointed by the
county of Montgomery for a  term  of  three  years;  one  member  to  be
appointed  by the county of Otsego for a term of three years. Subsequent
appointments of members shall be made in the same manner and  for  terms
of four years ending in each case on the thirty-first day of December of
the  last  year  of  each  such term. All members shall continue to hold
office until their  successors  are  appointed  and  qualify.  Vacancies
occurring  at  the  end  of  a  term  shall each be filled in the manner
provided for original appointment and for a four  year  term.  Vacancies
occurring  otherwise than by expiration of a term shall be filled by the
affected participating county in the same manner respectively,  for  the
unexpired  terms.  Members  may  be removed from office by the governing
body of the county from which appointed  for  inefficiency,  neglect  of
duty  or  misconduct in office after the authority or governing body has
given such member a copy of the charges against him and  an  opportunity
to  be  heard in person or by counsel in his defense, upon not less than
ten days notice. If any member shall be so removed, there shall be filed
with the chairman of the authority and the chairman  of  such  governing
body  a  complete  statement of charges made against such member and the
findings of the governing body thereon, together with a complete  record
of the proceeding.
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 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 the members thereof in office
from time to time and a majority of members shall constitute a quorum at
any meeting of the authority.  No  vacancy  in  the  membership  of  the
authority  shall  impair  the  right of such members to exercise all the
rights and perform all the duties of the authority.  Any action taken by
the authority under the provisions of this title may be authorized at  a
meeting  of  the  authority  by resolution approved by a majority of the
total number of members then in  office,  which  resolution  shall  take
effect immediately.
3.  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  selected  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  an
executive  director,  an  attorney,  an  engineer  and  such  additional
officers and employees as it may determine necessary for the performance
of the powers and duties of the authority, which positions shall  be  in
the  exempt  class  of  civil  service,  and  fix  and  determine  their
qualifications, duties and compensation, subject to  the  provisions  of
the  civil  service law, provided however, that no elected official of a
participating county or any municipality therein shall be  appointed  as
an  employee of the authority; provided, however, that nothing contained
in this section shall prohibit an elected official  of  a  participating
county or municipality therein from furnishing work, materials, supplies
or labor pursuant to a contract which the authority is empowered to make
pursuant  to  this title. 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. 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 for which shall be paid by the authority.
4.  (a)  Each  of  the  counties  of  Montgomery, Otsego and Schoharie
electing to participate in  the  authority  shall  file,  on  or  before
October  first  of the year following the year in which this title shall
take effect, in the office of the  secretary  of  state,  a  certificate
signed  by  the chairman of its legislative body setting forth: the name
of the authority; the names of the members appointed by that county; and
the effective date of this title.
(b) The authority shall be perpetual in duration  and  shall  continue
until  terminated  by  law,  except  if  the  certificate referred to in
paragraph (a) of this subdivision is not filed by two or  more  counties
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, 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  be  vested  in  the
participating counties in accordance with such law.
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 participating counties 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.