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This entry was published on 2014-09-22
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Eastern Rensselaer county solid waste management authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 13-H
§ 2050-cc. Eastern Rensselaer county solid waste management authority.
1. A corporation known as the Eastern Rensselaer county 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 a maximum of seventeen
members and a minimum of six members, one member appointed by each
legislative body of the towns constituting the authority. Each member
shall be appointed to serve a five year term. Subsequent appointment of
members by each legislative body 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 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 for the unexpired
terms. Members may be removed from office by the legislative body of the
town 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 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 a majority 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 members which the authority would have would
there be no 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

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, Rensselaer county, the towns, 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. The chairman of the town legislature of each of the towns shall
file on or before December thirty-first, nineteen hundred ninety, in the
office of the secretary of state, a certificate approved by the
legislature setting forth: (a) the name of the authority; (b) the name
of the member appointed by such town legislature; (c) a verified copy of
a duly adopted local law or ordinance as prescribed in section one
hundred twenty-aa of the general municipal law; and (d) the effective
date of this title. The authority shall be perpetual in duration, except
that if any town shall not file such certificate, such town shall not be
included within the definition of "towns" as such term is defined in
subdivision eighteen of section two thousand fifty-bb of this title, and
further, if such certificate is not filed by six or more towns with the
secretary of state on or before such date then 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. Prior to 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 towns in such
manner as shall be determined by the towns.

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 towns 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.