[HISTORY: Adopted by the Town Board of the Town of West Bloomfield
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-22-2000 by L.L. No. 1-2000[1]]
[1]
Editor's Note: This local law passed at referendum 11-7-2000.
This article is enacted pursuant to the authority of Chapter 365 of
the Laws of 1976 which added a new Subparagraph (3) to Paragraph d of Subdivision
1 of § 10 of the Municipal Home Rule Law, authorizing a town to
adopt a local law which amends or supersedes any provision of the Town Law
in relation to the property, affairs or government of the Town or in relation
to any of the other enumerated subject matters in such § 10, unless
there is a state legislative restriction on such amendment or supersession.
The purpose of this article is to permit the Town Board to increase
two-year terms of elected officials to four-year terms, to provide for more
efficient and continuous government representation, and to further provide
for such referendum at an annual election of any year, rather than at any
biennial Town election.
Section 24-a of the Town Law is hereby amended and superseded in its
application to the Town of West Bloomfield, County of Ontario and State of
New York, by adding a new Subparagraph 2 to § 24-a providing as
follows:
|
The Town of West Bloomfield may, in any year it deems necessary, and
at least 150 days prior to any town, state or federal election, adopt a resolution
to provide that the term of office of each elective town official thereafter
elected shall be four years, and such resolution shall be submitted to the
qualified electors of the Town, for their approval or disapproval at the next
annual election conducted in the Town. No such resolution shall become effective
until approved by the affirmative vote of the majority of the qualified electors
of the Town voting on such proposition. The submission of such proposition
shall be as provided in Article 7 of this chapter for a mandatory referendum
thereunder in like manner as if a petition therefor had been filed in accordance
with the provisions of this Chapter, except that such proposition may be submitted
at any Town election. If the Town Board shall have adopted such a resolution
and if a majority of the votes cast on such proposition when submitted as
herein provided shall be in the affirmative, the terms of office of those
Town officers included in such proposition and thereafter elected shall be
for a period of four years. Such resolution for a mandatory referendum shall
be given effect and shall be valid if duly passed by the Town Board either
before or after the passage of this article.
|
If any part of this article or the application thereof to any particular
office or to any person or circumstance be adjudged invalid by any court of
competent jurisdiction, such judgment shall be confined in its operation to
the part or provision or application directly involved in the controversy
in which such judgment shall have been rendered and shall not affect or impair
the remainder of this article or the application thereof to other persons
or circumstances, and the Town Board of the Town of West Bloomfield hereby
declares that it would have passed this article or the remainder thereof had
such invalid application or invalid provision been apparent.
