Section 1045-F. Water board  


Latest version.
  • 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 seven members appointed by the
      mayor. Terms of office of the members shall be two years except that the
      terms of four of the board members first appointed shall be one year. At
      least one member shall have experience in the science of water  resource
      development.  No member shall be a director of the authority.  The mayor
      shall appoint a chairman from among the  members  of  the  board.    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 in the same  manner  as
      original appointments for the unexpired terms.
        3.  Each  member of the water board shall be entitled to reimbursement
      for his actual and necessary expenses incurred in the performance of his
      official duties and a per diem allowance of one  hundred  fifty  dollars
      when  rendering service as a member; provided that the aggregate of such
      per diem allowance to any one member in any one fiscal year of the board
      shall not exceed the sum of five thousand dollars.
        4. Notwithstanding any inconsistent provision of law, general, special
      or local, or any city charter, no officer or employee of the city  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 membership on  the  water  board,  provided,
      however,  that  a  member  of the board 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
      such services.
        5.  The  mayor may remove any member for inefficiency, neglect of duty
      or misconduct in office after giving such member a copy of  the  charges
      against  such  member  and  an  opportunity to be heard and defended, in
      person or by counsel, upon not less than ten days' notice. If any member
      shall be so removed, the mayor shall file in the office of the clerk  of
      the  city  a  complete statement of charges against such member, and the
      mayor's findings  thereon,  together  with  a  complete  record  of  the
      proceedings.
        6. Members of the water board, other than members holding other public
      office  or  employment,  may  engage  in  private  employment,  or  in a
      profession or business, subject to the limitations contained in sections
      twenty-six hundred four, twenty-six hundred five, twenty-six hundred six
      and twenty-six hundred seven of the New York city charter.
        7. A majority of the members of the water  board  shall  constitute  a
      quorum  for the transaction of any business or the exercise of any power
      of the board. The water board shall have power to act by the affirmative
      vote of not less than a majority of the members in office  at  any  duly
      held meeting thereof. The water board may delegate to one or more of its
      members or its officers, agents and employees, such powers and duties as
      it  may  deem  proper.  Any member who is an officer of the city may, by
      written instrument, filed with and approved as to  form  by  the  board,
      designate  another  city  officer  to  perform in his absence his duties
      under this title. The term  "member"  as  used  in  this  section  shall
      include  such persons so designated as provided herein.  The designation
      of any such person shall be deemed temporary only and shall  not  affect
      the civil service or retirement rights of the person so designated.
    
        8.  The water board and its corporate existence shall continue so long
      as it shall have contractual duties or obligations outstanding and until
      its existence shall be  terminated  by  law.  Upon  termination  of  the
      existence  of the water board, all of the rights and assets of the water
      board then remaining shall pass to and vest in the city.
        9.  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.