2023 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.  In  order  to  be   more
consistent  with  the  authority's  goals,  mission  and objectives, the
authority shall also be known as Rockland Green.
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.