§ 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.