§ 2041-b. Montgomery, Otsego, Schoharie solid waste management
authority. 1. A corporation known as the Montgomery, Otsego, Schoharie
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 eight members, who shall be appointed as
follows: three members from the county of Montgomery to be appointed by
the chairman of the board of supervisors and confirmed by the board of
supervisors of such county all of whom shall be residents of the county
and at least one of whom shall be a resident of the city of Amsterdam;
three members from the county of Otsego to be appointed by the chairman
of the board of representatives and confirmed by the board of
representatives of such county all of whom shall be residents of the
county and at least one of whom shall be a resident of the city of
Oneonta; two members from the county of Schoharie both of whom shall be
residents of the county, and who shall be appointed by the chairman of
the board of supervisors and confirmed by the board of supervisors 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 this title shall take effect; one member each to be appointed by
each county for a term of four years; one member each to be appointed by
each county for a term of two years; one member to be appointed by the
county of Montgomery for a term of three years; one member to be
appointed by the county of Otsego for a term of three years. Subsequent
appointments of members shall be made in the same manner and for terms
of four 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 four 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 of the county from which appointed for inefficiency, neglect of
duty or misconduct in office after the authority or governing body has
given 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 chairman of the authority and the chairman of such governing
body a complete statement of charges made against such member and the
findings of the governing 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, provided however, that no elected official of a
participating county or any municipality therein shall be appointed as
an employee of the authority; provided, however, that nothing contained
in this section shall prohibit an elected official of a participating
county or municipality therein from furnishing work, materials, supplies
or labor pursuant to a contract which the authority is empowered to make
pursuant to this title. 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 Montgomery, Otsego and Schoharie
electing to participate in the authority shall file, on or before
October first of the year following 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: 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.