2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-F - Town of North Hempstead Solid Waste Management Authority › 2049-C - Town of North Hempstead Solid Waste Management Authority.

§ 2049-c. Town of North Hempstead solid waste management authority. 1.
A  corporation  known  as  the  Town  of  North  Hempstead  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 and a public authority. Its membership shall
consist of a board of seven  directors  comprised,  ex-officio,  of  the
members of the town board.
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  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  four  members  are  present.  No action shall be taken except by the
favorable vote of at least four members. The officers of the  authority,
in  addition  to  the  chairman,  shall consist of 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
other than the  chairman  shall  be  selected  by  the  members  of  the
authority,  and  such  officers  shall  serve  in such capacities at the
pleasure of the authority. In addition to the position of secretary, the
authority may appoint and at  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, without regard to whether they are or  shall  also  be
employees or agents of the town and are or shall be being compensated as
such,  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 of sufficiency of which  shall  be  approved  by  the
governing body and the premium for which shall be paid by the authority.
3.  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 be deemed incompatible or  in  conflict  with  such  office,
membership or employment.
4. (a) The town 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  town
supervisor  setting  forth: (1) the name of the authority; (2) the names
of the members; and (3) the effective date of this title.
(b) The authority shall be perpetual in duration, except that  if  the
certificate  referred  to  in  paragraph  (a) of this subdivision is not
filed with the secretary of state 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,
and except, further, that the authority and its corporate existence  may
be  terminated  by  law  or  by  resolution of the town board, 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  vest  in the town. In connection with any such termination pursuant
to  a  resolution  of  the town board, the town supervisor shall, within
thirty days of the effective date  of  such  termination,  file  in  the
office of the secretary of state a certificate setting forth the name of
the authority and the effective date of the termination.