Section 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.