2006 New York Code - Oneida-herkimer Solid Waste Management Authority.

 
    §  2049-cc.  Oneida-Herkimer  solid  waste  management authority. 1. A
  corporation  known  as  the  Oneida-Herkimer  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. It shall consist of ten members,  four  of  whom  shall  be
  appointed by the legislative body of the county of Oneida, three of whom
  shall  be appointed by the county executive of the county of Oneida, and
  three of whom shall be appointed by the legislative body of  the  county
  of  Herkimer. The first members appointed by the legislative body of the
  county of Oneida shall be appointed for the following staggered terms of
  office: one member: five year term; one  member:  four  year  term;  one
  member:  three  year  term; one member: two year term. The first members
  appointed by the county executive of  the  county  of  Oneida  shall  be
  appointed  for the following staggered terms of office: one member: five
  year term; one member: four year term; one member: three year term.  The
  first  members  appointed  by  the  legislative  body  of  the county of
  Herkimer shall be appointed for the following staggered terms of office:
  one member: five year term; one member:  four  year  term;  one  member:
  three  year  term. Subsequent appointment of members by each legislative
  body and such county executive shall be made for a term  of  five  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.  Vacancies shall be filled by the affected
  legislative body or county executive in the manner provided for  in  the
  original  appointment. Vacancies, occurring otherwise than by expiration
  of term of office, shall be filled by the affected legislative  body  or
  county  executive  for the unexpired terms.  Members may be removed from
  office by the county executive or by the legislative body of the  county
  which  appointed  such  members  for  inefficiency,  neglect  of duty or
  misconduct in office; provided, however, that such member shall be given
  a copy of the charges against him and an opportunity of being  heard  in
  person,  or  by  counsel,  in  his  defense  upon not less than ten days
  notice. The members of the authority shall receive such compensation for
  their services on a per diem basis as  the  legislative  bodies  of  the
  counties  shall  determine  and 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 and be exercised by the governing body at a meeting duly  called  and
  held  and five of the members shall constitute a quorum. No action shall
  be taken except pursuant to the  favorable  vote  of  not  less  than  a
  majority  of  the ten members which the authority would have would there
  be not vacancies and were none of the members disqualified from  acting.
  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.
    2.  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 appointed by the governing body and shall serve at the
  pleasure of the governing  body.  In  addition  to  the  secretary,  the
  governing  body may appoint and at pleasure remove an attorney, engineer
  and executive director which positions shall be in the exempt  class  of
  civil  service  and  such  additional officers and employees as they 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 office, the amount
  and sufficiency of which shall be approved by the governing body and the
  premium therefor shall be paid by the authority.
    3. Notwithstanding any inconsistent provisions of any general, special
  or  local  law,  ordinance, resolution or charter, no officer, member or
  employee of the state, the counties,  any  other  municipality,  or  any
  public   benefit  corporation,  shall  forfeit  his  or  her  office  of
  employment by reason of his  or  her  acceptance  of  appointment  as  a
  member,  officer,  agent or employee of the authority, nor shall service
  as such member, officer, agent or employee be deemed incompatible or  in
  conflict with such office, membership or employment.
    4. Each of the counties electing to participate in the authority shall
  file  on or before December thirty-first of 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: (a) the name of the authority;  (b)  the  names  of  the  members
  appointed  by  such  county legislature and the county executive of such
  county, where applicable,  and  their  terms  of  office;  and  (c)  the
  effective  date  of  this  title.  The  authority  shall be perpetual in
  duration, except  that  if  such  certificate  is  not  filed  with  the
  secretary  of  state on or before such date than the corporate existence
  of the authority shall thereupon terminate and  it  shall  thereupon  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  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 counties.
    5.  In  the  event that the chairman of the county legislature of only
  one of the counties shall file in the office of the secretary  of  state
  the  certificate described in subdivision four of this section, then the
  solid waste management authority provided for in  this  title  shall  be
  created  as the solid waste management authority for such county and the
  authority shall be created to serve the area of such  county  and  shall
  have  all  powers  set forth in this title. In such event, the authority
  shall be known as the solid waste management authority of  that  county,
  this  title  shall  be  known  and  cited  as the solid waste management
  authority act of that county, the area of operation shall be limited  to
  that  county,  legislative  body  or  legislative  bodies shall mean the
  legislative body of that county, the membership of the  authority  shall
  consist  of  the members to be appointed by the legislative body and, if
  such  certificate  shall  be  filed  by  the  chairman  of  the   county
  legislature  of  the  county  of Oneida, by the county executive of such
  county and all references to the counties or each of the counties  shall
  mean   the   county  in  which  such  chairman  shall  have  filed  such
  certificate. All other references or provisions in this  title  to  more
  than  one  county  shall be deemed to refer solely to such participating
  county, it being the intention of this section to permit the creation of
  the authority for only one county if such other county shall  elect  not
  to participate.
    6.  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 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.