2049-c. Town of North Hempstead solid waste management authority. 1. A corporation known as the Town of North Hempstead 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 and a public authority. Its membership shall consist of a board of seven directors comprised, ex-officio, of the members of the town board.
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 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 four members are present. No action shall be taken except by the favorable vote of at least four members. The officers of the authority, in addition to the chairman, shall consist of 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 other than the chairman shall be selected by the members of the authority, and such officers shall serve in such capacities at the pleasure of the authority. In addition to the position of secretary, the authority may appoint and at 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, without regard to whether they are or shall also be employees or agents of the town and are or shall be being compensated as such, 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 of sufficiency of which shall be approved by the governing body and the premium for which shall be paid by the authority.
3. 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 be deemed incompatible or in conflict with such office, membership or employment.
4. (a) The town shall file on or before March thirty-first of the year following the year in which this title shall have become a law, in the office of the secretary of state, a certificate signed by the town supervisor setting forth: (1) the name of the authority; (2) the names of the members; and (3) the effective date of this title.
(b) The authority shall be perpetual in duration, except that if the certificate referred to in paragraph (a) of this subdivision is not filed with the secretary of state 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, and except, further, that the authority and its corporate existence may be terminated by law or by resolution of the town board, 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 vest in the town. In connection with any such termination pursuant to a resolution of the town board, the town supervisor shall, within thirty days of the effective date of such termination, file in the office of the secretary of state a certificate setting forth the name of the authority and the effective date of the termination.
Last modified: February 3, 2019