Section 2053-C. Rockland county solid waste management authority

1. Upon
  compliance with the requirements of subdivision seven of this section, a
  corporation  known  as  the  Rockland  county  solid  waste   management
  authority  shall  be  deemed  to have been created hereby 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.
    2. The authority shall consist of  seventeen  members.  Eight  members
  shall   be  members  of  the  county  legislature.  Five  of  the  eight
  legislative members shall be appointed by the  chairman  of  the  county
  legislature  and  three shall be appointed by the minority leader of the
  county legislature, subject in each case to confirmation by  a  majority
  of the county legislature. No such appointment shall be effective unless
  there  shall  be,  among  the  legislative  members  of the authority, a
  resident of each of the five towns in the  county.  Residency  shall  be
  determined  as  of  the  effective  date  of appointment, and subsequent
  changes in residency shall not effect the validity of the appointment or
  the authority of the legislative member to serve in the authority.  Each
  of  the  legislative  members  of  the authority initially appointed and
  certified to the secretary of state shall serve for  a  term  ending  on
  January  fifteen,  nineteen hundred ninety-four. Subsequent appointments
  of legislative members of the authority shall be made in the same manner
  and for terms of two years. All legislative members  shall  continue  to
  hold  office until their successors are appointed and qualify. Vacancies
  occurring otherwise than by expiration of term shall be  filled  in  the
  same  manner,  respectively,  for  the  unexpired term.   Members may be
  removed from office for the same reasons  and  in  the  same  manner  as
  provided by law for the removal of officers of the county.  Appointments
  to fill expired and unexpired terms shall be made within sixty days upon
  receipt of notification by the chairman of the board of supervisors that
  a vacancy exists.
    3.  Five  members  of  the authority shall consist, ex officio, of the
  supervisors of the five towns in the  county.  The  term  of  each  town
  supervisor  serving  ex  officio  as  a  member  of  the authority shall
  coincide with such member's term of elective office. No person shall  be
  both  an  appointed  member  from  the  county  legislature  and  a town
  supervisor serving ex officio as a member of the authority. Two  members
  of  the  authority shall be appointed by and shall serve at the pleasure
  of the county executive of the county.  Two members shall be  mayors  of
  villages  contained within the county of Rockland and shall be appointed
  by the county legislature upon the recommendation of the Rockland county
  conference of mayors.  The term of each mayor serving as a member of the
  authority shall coincide with such member's term of elective office, not
  to exceed two years. No such mayor shall be selected from a village that
  has failed to sign the intermunicipal recyclables management  agreement.
  Such  mayors  are  to  be  selected from different towns within Rockland
  county, and for the purposes  of  determining  which  town  a  mayor  is
  determined  to be from, if the jurisdiction of the municipality in which
  a mayor presides spans more than one  town,  that  mayor  shall  not  be
  restricted  from  appointment because one portion of his jurisdiction is
  coterminous with that of  another  mayor  chosen  as  a  member  of  the
  authority.  Any member of the authority, whether appointed or serving ex
  officio,  may  be  removed  from  office by a vote of ten members of the
  authority for gross neglect of duty,  misconduct,  maladministration  or
  malfeasance  in  office, including the unexcused failure to attend three
  consecutive regular meetings of the authority.
    4. The members of the authority  shall  receive  no  compensation  for
  their  services  but  shall  be  reimbursed  for all of 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
  where  a  quorum  of  eight members is present. No action shall be taken
  except by the favorable vote of at least eight members. 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. The officers of the authority
  shall be selected by the authority and shall serve in such capacities at
  the pleasure of  the  authority.  In  addition  to  such  officers,  the
  authority  may appoint and at its pleasure remove an executive director,
  attorney and engineer, which positions shall be in the exempt  class  of
  the  civil service, and such additional officers and employees as it may
  deem necessary, and may determine and fix their  qualifications,  duties
  and  compensation,  subject  to the provisions of the civil service law.
  The authority may delegate to one or  more  of  its  members,  officers,
  agents or employees any such powers as it may deem proper. The authority
  may  also contract for expert professional services. The treasurer shall
  execute a bond conditioned on the faithful performance of the duties  of
  his or her 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.
    5. Notwithstanding any inconsistent provision of any general,  special
  or  local  law,  ordinance, resolution or charter, no officer, member or
  employee  of  the  state,  any  municipality  or  any   public   benefit
  corporation  shall  forfeit his or her office or employment by reason of
  his or her acceptance of appointment as  a  member,  officer,  agent  or
  employee of the authority, nor shall service as a member, officer, agent
  or  employee of the authority be deemed incompatible or in conflict with
  such office, membership or employment. The members and employees of  the
  authority  shall  be subject to all requirements of state and county law
  pertaining to ethics and financial disclosure to which  members  of  the
  county  legislature  and  employees  of  the  county,  respectively, are
  subject.
    6. In addition to  any  powers  granted  to  it  by  law,  the  county
  legislature  may  appropriate  by resolution with the concurrence of the
  county executive sums of money to defray  project  costs  or  any  other
  costs  and  expenses  of the authority to be incurred prior to the first
  issuance  of  bonds.  Subject  to  rights  of  bondholders,  the  county
  legislature  with  the concurrence of the county executive may determine
  if the moneys so appropriated shall  be  subject  to  repayment  by  the
  authority  to  the  county  and,  in  such  eventuality,  the manner and
  schedule for such repayment.
    7. (a) The county shall file on or before the twelve month anniversary
  of the date on which this title shall have become a law, in  the  office
  of  the  secretary  of  state,  a  resolution  of the county legislature
  adopted following  a  public  hearing  approving  the  creation  of  the
  authority,   together   with   a  certificate  approved  by  the  county
  legislature and signed by the county executive setting  forth:  (1)  the
  name of the authority; (2) the names of the initial members; and (3) the
  effective  date  of  this  title.  The  authority  shall be perpetual in
  duration, except that if such resolution and certificate are  not  filed
  with  the  secretary  of state on or before such date, then the power of
  the legislature of the county to approve the creation of  the  authority
  shall  thereupon  lapse,  the authority shall not be deemed to have been
  created hereby and shall not exist or be deemed to have existed, and the
  provisions of this title shall no longer have any force or effect.

    (b) Except as provided in  paragraph  (a)  of  this  subdivision,  the
  authority and its corporate existence shall continue until terminated by
  law;  provided,  however,  that no such law 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 county.
    8. It is hereby determined that the authority and the carrying out  of
  its  powers and duties are in all respects for the benefit of the people
  of the county 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.
    9. In exercising the powers conferred  upon  it  by  this  title,  the
  authority  shall  at  all  times  act  in  accordance  with,  and  be in
  compliance with, the provisions of the solid waste management plan.