2040-C - The multi-town solid waste management authority.
§ 2040-c. The multi-town solid waste management authority. 1. A corporation known as the "multi-town solid waste management authority" is hereby created for the 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. Its membership shall consist of a board of six directors comprised, ex officio, of the supervisor of each town and four directors, two of whom shall be appointed by the town board of the town of Babylon and two of whom shall be appointed by the town board of the town of Huntington and each of whom shall assume office on the effective date of this section. The terms and offices of the previous directors and officers shall also expire on the effective date of this section and in no event shall the previous officers of the corporation remain in office beyond December thirty-first, nineteen hundred eighty-one except by reappointment by the new board of directors. The first members appointed by each town board shall be appointed for the following terms of office: one for a term ending on December thirty-first, nineteen hundred eighty-two; and one for a term ending on December thirty-first, nineteen hundred eighty-three. Subsequent appointments of members by each town board shall be made for a term of two 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 qualified. Vacancies shall be filled in the manner provided for original appointments. Vacancies occurring otherwise than by expiration of term of office shall be filled for the unexpired terms. An appointed member may be removed from office by the town board by which appointed for inefficiency, neglect of duty or misconduct in office after giving 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 secretary of the authority a complete statement of the charges made against such member and the findings of such town board thereon, together with a complete record of the proceedings. Each member of the authority shall be entitled to reimbursement for his actual and necessary expenses incurred in the performance of his official duties and such compensation as may be fixed by the authority, provided, however, that the town supervisors and any other member who holds other public office or employment shall receive no additional compensation for services rendered pursuant to this title, but shall be entitled to reimbursement for his actual and necessary expenses incurred in the performance of his official duties as such member. The supervisor of each town may, by official proxy, filed with and approved as to form by the authority, designate the deputy supervisor of such town to act in his absence as a member of the authority in his place and stead. Any such designation shall be deemed temporary only and shall not affect the civil service or retirement rights of the person so designated. A quorum of the governing body shall consist of at least four members for the transaction of any business or the exercise of any power. At any meeting of the authority where a quorum is present, the governing body shall have the power to act by the vote of a majority of all its members. The president of the authority shall preside at meetings of the governing body, but shall have only a casting vote therein, provided, however, that the president shall not have a casting vote on any resolution authorizing the issuance of bonds or notes, and his attendance at any meeting shall not be counted in determining whether a quorum is present. The authority may delegate to one or more of its members, or its officers, agents or employees, such powers and duties as it may deem proper.2. The officers of the authority shall consist of a president, executive vice-president, treasurer and a secretary appointed by the authority for a term not to exceed five years. The executive vice-president shall possess such professional qualifications as shall be established by the commissioner of environmental conservation and shall perform such powers and duties with respect to the supervision of design and construction of projects as may be determined by the governing body. The authority may terminate the office of executive vice-president upon completion of the contruction of any project. The president, treasurer, and secretary shall execute bonds, each conditioned on the faithful performance of the duties of his office, the amount and sufficiency of each of which shall be approved by the governing body, and the premium therefor shall be paid by the authority. The authority may appoint an attorney, who may be an officer of the authority, to act as its general counsel. Other officers may be appointed as the authority may deem proper. The authority may also from time to time contract for expert and professional services. No member of the authority shall be eligible to serve as an officer of the authority. 3. Notwithstanding any inconsistent provisions of this or any other law, general, special or local, no officer or employee of the state, or of any municipality thereof, shall be deemed to have forfeited or shall forfeit his office or employment or any benefits provided under the retirement and social security law by reason of his acceptance of appointment as a member, officer, agent or employee of the authority, provided, however, that no member of either town board shall be eligible for appointment as an officer, agent or employee of the authority. 4. It is hereby determined and declared that the authority and the carrying out of its powers, purposes, and duties are in all respects for the benefit of the people of the towns and the state of New York, for the improvement of their health, welfare and prosperity and that said 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. 5. 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, notes or other obligations outstanding, unless adequate provision has been made for the payment thereof. Upon 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 towns in accordance with such law. Notwithstanding the foregoing provisions of this subdivision, unless the authority shall have awarded a contract for the construction of a project on or before March first, nineteen hundred eighty-three, such action to be evidenced by a certificate of the president of the authority filed in the office of the secretary of state on or before such date, the corporate existence of the authority shall terminate effective March first, nineteen hundred eighty-four, provided that prior to such latter date the towns shall have furnished funds which, together with other moneys available therefor, shall be sufficient to pay or redeem all outstanding liabilities and obligations of the authority. 6. From time to time, each town board, may, by resolution, appropriate moneys to be advanced to the authority for the purpose of defraying preliminary expenses of the authority. The moneys so advanced shall be repaid by the authority, subject to the rights of the holders of bonds and notes, at such time and in such manner as may be agreed upon between the authority and the respective town boards.