§ 1115-e. Water board. 1. A city water board may be created by a
special act of the state legislature at the request of the city as a
body corporate and politic, constituting a corporate municipal
instrumentality of the state and having the powers and duties as
provided in this title.

2. The water board shall consist of five members, who shall be
residents of the city and appointed by the mayor. The first members
appointed by the mayor shall be appointed for the following terms of
office: one for a term ending on December thirty-first of the second
year following the year in which the special act of the state
legislature creating the water board shall have become law, two for a
term ending on December thirty-first of the third year following the
year in which such special act shall have become law, and two for a term
ending on December thirty-first of the fourth year following the year in
which such special act shall have become law. Subsequent appointments of
members shall be made for a term of three years ending in each case on
December thirty-first of the last year of such term. No member shall be
a member of the governing body of the authority. Any member appointed by
the mayor who is not an employee of the city of Albany shall be deemed a
public member. 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 by
appointment for the unexpired terms. Members may be removed from office
for the same reasons and in the same manner as may be provided by law
for the removal of officers of the city. Each public member shall be
entitled to a salary of five thousand dollars per annum. All members
shall receive no reimbursement for the ordinary expenses of attending
meetings, but may by resolution of the water board be allowed their
expenses of a special or extraordinary nature. A public member may
receive additional compensation to be fixed by the members, if appointed
an officer of the water board. The powers of the water board shall be
vested in and be exercised by the governing body at a meeting duly
called and held where a quorum of three members is present. No action
shall be taken except pursuant to the favorable vote of at least three
members. 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.

3. The officers of the water board shall consist of a chairman, a
vice-chairman and a treasurer, who shall be members of the water board,
and a secretary, who need not be a member of the water board. Such
officers shall be appointed 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
such additional officers and employees as it 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 or her office, the amount and sufficiency of which shall
be approved by the governing body and the premium therefor shall be paid
by the water board.

4. Notwithstanding any inconsistent provision of any general, special
or local law, ordinance, resolution or charter, no officer, member or
employee of the state, the city, any other municipality, or any public
benefit corporation, shall be deemed to have forfeited or shall forfeit
his or her office or employment or any benefits provided under the
retirement and social security law by reason of his or her acceptance of
appointment as a member, officer, agent or employee of the water board,
nor shall service as such member, officer, agent or employee be deemed
incompatible or in conflict with such office, membership or employment.

5. (a) The mayor shall file on or before March thirty-first of the
year following the year in which the special act of the state
legislature creating the water board shall have become law, in the
office of the secretary of state, a certificate signed by the mayor
setting forth: (1) the name of the water board; (2) the names of the
members appointed by the mayor and their terms of office; and (3) the
effective date of the special act of the state legislature creating the
water board. If such certificate is not filed with the secretary of
state on or before such date, then the corporate existence of the water
board shall thereupon terminate and it shall thereupon be deemed to be
and shall be dissolved.

(b) The water board and its corporate existence shall continue until
terminated by law, provided, however, that no such law shall take effect
so long as the water board shall have contractual duties or obligations
outstanding unless adequate provision has been made for the satisfaction
thereof. Upon termination of the existence of the water board, all of
the rights and properties of the water board then remaining shall pass
to and vest in the city.

6. It is hereby determined and declared that the water board and the
carrying out of its powers and duties are in all respects for the
benefit of the people of the city and the state for the improvement of
their health, welfare and prosperity and that such purposes are public
purposes and that the water board is and will be performing an essential
governmental function in the exercise of the powers conferred upon it by
this title.