2012 New York Consolidated Laws
PBA - Public Authorities
Article 8 - MISCELLANEOUS AUTHORITIES
Title 30 - (2725 - 2749) WESTERN FINGER LAKES SOLID WASTE MANAGEMENT AUTHORITY
2727 - Western finger lakes solid waste management authority.

 
    §  2727.  Western  finger lakes solid waste management authority. 1. A
  corporation known as the Western finger  lakes  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
  seventeen members, who shall be appointed by the participating  counties
  as  follows:  six  members  from  the  county  of  Ontario  who shall be
  appointed by the chairman and confirmed by the board of  supervisors  of
  such  county;  three  members  from  the  county  of Seneca who shall be
  appointed by the chairman and confirmed by the board of  supervisors  of
  such county; six members from the county of Wayne who shall be appointed
  by the chairman and confirmed by the board of supervisors of such county
  and;  two members from the county of Yates who shall be appointed by the
  chairman and confirmed by the board of legislators 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  their
  appointment  becomes  effective; two members each to be appointed by the
  counties of Ontario and Wayne and one member each to be appointed by the
  counties of Seneca and Yates for a term of three years; two members each
  to be appointed by the counties of Ontario and Wayne and one member each
  to be appointed by the counties of Seneca and Yates for a  term  of  two
  years;  two  members each to be appointed by the counties of Ontario and
  Wayne and one member to be appointed by the county of Seneca for a  term
  of  one  year.  Subsequent  appointments of members shall be made in the
  same manner and for terms of three 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
  three 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 or by the legislative body by which
  appointed for inefficiency, neglect of  duty  or  misconduct  in  office
  after  the authority or legislative body has given such member a copy of
  the charges against him or 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 legislative body a complete
  statement of the charges made against such member and  the  findings  of
  the  governing  body  or  such legislative 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. 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  Ontario, Seneca, Wayne and Yates
  electing to participate in the authority 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  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.