Town of Fishkill, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Fishkill 1-17-1995 by L.L. No. 1-1995.[1] Amendments noted where applicable.]
[1]
Editor's Note: Section 2 of this local law provided that to the extent that the subject matter of this local law is inconsistent with the Town Law, the Town Board finds that this local law supersedes the Town Law under the legislative powers vested under the Municipal Home Rule Law.
A. 
A special election on a proposition to change the term of office of an elected official of the Town of Fishkill may be conducted at any time and date that is set by resolution of the Town Board; such special election may be conducted on the date of the biennial general election or otherwise as the Town Board directs.
B. 
A resolution that is subject to a referendum shall be adopted not less than 60 days prior to the date of the special election.
[Added 2-2-1996 by L.L. No. 1-1996[1]]
A. 
Notwithstanding the provisions of Town Law § 20, Subdivision 3(b), or any subsequent amendment thereto or successor thereof, the position of Comptroller for the Town of Fishkill shall have no fixed term, but instead shall have an indefinite term. The incumbent of the position of Comptroller shall be appointed by the Town Board and shall serve at the pleasure of that body.
B. 
The provisions of this section shall be effective as of January 1, 1996.
[1]
Editor's Note: Section 2 of this local law provided that to the extent that the subject matter of this local law is inconsistent with the provisions of Town Law § 20, Subdivision 3(b), the Town Board finds that the subject matter is appropriate for the exercise of its powers to amend and supersede provisions of the Town Law under Municipal Home Rule Law § 10, Subdivision 1(ii)d(3), and § 22, Subdivision 1. The Town Board finds that these matters are of particular local concern and fall within the legislative powers vested under the Municipal Home Rule Law § 10, Subdivision 1(ii)a(1), (2) and (3). To the extent that the aforesaid sections of the Town Law are deemed inconsistent with the subject of this local law, they are hereby superseded or amended.
[Added 5-21-2001 by L.L. No. 4-2001[1]]
A. 
Notwithstanding the provisions of current Town Law § 20, Subdivision 1(a), the position of Receiver of Taxes and Assessments of the Town of Fishkill has been an appointive position since 1971, at which time an earlier version of the aforesaid statute allowed the Town of Fishkill to make such position appointive rather than elective. There shall be no fixed term for this appointive position of Receiver of Taxes and Assessments of the Town of Fishkill, and the incumbent of that position serves at the pleasure of the Town Board.
B. 
The provisions of this section shall be effective as of January 1, 2001.
[1]
Editor's Note: Section 2 of this local law provided that to the extent that the subject matter of this local law is inconsistent with the provisions of Town Law § 20, Subdivision 1(a), the Town Board finds that the subject matter is appropriate for the exercise of its powers to amend and supersede provisions of the Town Law under Municipal Home Rule Law § 10, Subdivision 1(ii)d(3), and § 22, Subdivision 1. The Town Board finds that these matters are of particular local concern and fall within the legislative powers vested under the Municipal Home Rule Law § 10, Subdivision 1(ii)a(1), (2) and (3). To the extent that the aforesaid sections of the Town Law are deemed inconsistent with the subject of this local law, they are hereby superseded and amended.
[Added 3-18-2020 by L.L. No. 1-2020]
A. 
Title. The title of this section shall be the "Term Limits Law."
B. 
Legislative intent. It is the intent of the Town Board of the Town of Fishkill to expand participation in the electoral process and to bring new ideas to governance of the Town of Fishkill. To these ends, the Town Board of the Town of Fishkill adopts this section to limit terms of office for elected Town Board officials in the Town of Fishkill.
C. 
Term limits established.
(1) 
No Supervisor of the Town of Fishkill shall serve more than two terms of four years each regardless of whether consecutive or not consecutive.
(2) 
No Town Councilperson of the Town of Fishkill shall serve more than two terms of four years each regardless of whether consecutive or not consecutive.
(3) 
Any elected terms of office for Supervisor or Councilperson held by appointment or election prior to the effective date of this section shall not be counted for term limitation purposes.
D. 
Partial term of office. Nothing contained herein shall prohibit an elective public officer in the Town of Fishkill from holding either an elective or appointive partial term in the same elective public office immediately prior to election to that elective public office for a full term. In that event, the partial term shall not be counted for purposes of the term limitation imposed by this section.
E. 
Other elective office. Nothing contained in this section shall prohibit an elective public officer from seeking, being elected to, or holding another and different elective public office in the Town of Fishkill at the conclusion of a term of public office as required by this section.
F. 
Exclusion. Nothing contained in this section shall apply to the office of Town Justice of the Town of Fishkill; office of the Town Clerk of the Town of Fishkill or the office of Highway Superintendent of the Town of Fishkill.
G. 
Authority. This section is enacted pursuant to § 10(1)(ii)(a) of the Municipal Home Rule Law of the State of New York which authorizes towns to adopt local laws concerning the mode of selection and terms of office of elected officials.