State Codes and Statutes

Statutes > New-jersey > Title-40 > Section-40-66a > 40-66a-5

40:66A-5.  Incinerator authority;  powers to be vested in members; membership;  reimbursement for expenses;  election
    (a) The powers of an incinerator authority shall be vested in the members thereof in office from time to time.  A majority of the entire authorized membership of the incinerator authority shall constitute a quorum at any meeting thereof.  Action may be taken and motions and resolutions adopted by the incinerator authority at any meeting of the members thereof by vote of a majority of the members present, unless in any case the by-laws of the incinerator authority shall require a large number. The incinerator authority may delegate to one or more of its officers, agents or employees such powers and duties as it may deem proper.

    (b) Each member of an incinerator authority shall hold office for the term for which he was appointed and until his successor has been appointed and has qualified.

    (c) No member, officer or employee of an incinerator authority shall have or  acquire any interest, direct or indirect, in the garbage disposal system in any  property included or planned to be included in the garbage disposal system or  in any contract or proposed contract for materials or services to be furnished  to or used by the incinerator authority, but neither the holding of any officer  or employment in the government of any municipality or under any law of the  State nor the owning of any property within the State shall be deemed a  disqualification for membership in or employment by an incinerator authority.   A member of an incinerator authority may be removed only by the governing body  by which he was appointed and only for inefficiency or neglect of duty or  misconduct in office and after he shall have been given a copy of the charges  against him and, not sooner than ten days thereafter, had opportunity in person  or by counsel to be heard thereon by such governing body.

    (d) An incinerator authority may reimburse its members for necessary expenses incurred in the discharge of their duties.  The ordinance or parallel ordinances for the creation of an incinerator authority may provide that the members of the incinerator authority may receive compensation for their services within an annual and other limitations to be stated in such ordinance or parallel ordinances, and in that event, each member may receive from the incinerator authority such compensation for his services as the incinerator authority may determine within the limitations stated in such ordinance or parallel ordinances.  No member of any incinerator authority shall receive any compensation for his services except as provided in this subsection.

    (e) Every incinerator authority, upon the first appointment of its members and thereafter on or after the first day of February in each year, shall annually elect from among its members a chairman and a vice-chairman who shall hold office, until the first day of February next ensuing and until their respective successors have been appointed and have qualified. Every incinerator authority may also appoint and employ a secretary and such professional and technical advisers and experts and such other officers, agents  and employees as it may require, and it shall determine their qualifications,  duties and compensation.

     L.1948, c. 348, p. 1360, s. 5, eff. Sept. 1, 1948.