[HISTORY: Adopted by the Board of Trustees of the Village of Massapequa
Park as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 34.
[Adopted 1-24-2000 by L.L.
No. 2-2000]
This Board has determined that the New York State Law with reference
to changing the terms of office of local officials is totally inadequate.
Based on the current state law, future Boards of Trustees can change the term
of office with a simple resolution and with very little opportunity for public
input. This Board believes the state law does not protect the public inasmuch
as it does not require a public hearing on the question of changing terms
of office and it does not allow time for a fair, open and very public dialogue.
Without these two components, the public is effectively removed from the process.
This article sets forth a series of events which will ensure that the public
is aware, early in the political process, that its elective officials are
attempting to change their terms of office, and this will allow sufficient
time and opportunity for the public to be actively involved in the decisionmaking
process.
It is the specific legislative intent of the Incorporated Village of
Massapequa Park enacting this article to protect, preserve and ensure the
integrity and continuation of the annual elections in the Incorporated Village
of Massapequa Park.
In order to change the term of office for any elected public official
or officials, there must be a written petition signed by a minimum of 250
registered voters in the Incorporated Village of Massapequa Park requesting
a public hearing to be held to change the term of office for said elected
public official or officials, which written petition must be submitted to
the Village Administrator at Village Hall.
A.
Scheduling of public hearing. After receipt of this written
petition, within 60 days thereafter, this matter shall be placed on the agenda
at a Board of Trustees' meeting for a vote scheduling thereafter a public
hearing, which vote must be approved by a majority of the entire Board of
Trustees, If the vote to hold the public hearing is not approved by a majority
of the entire Board of Trustees, then the issue to change the term of office
for an elected public official or officials is deemed defeated for all purposes.
B.
Conditions for renewal of petition. This same issue cannot
be considered again by the Board of Trustees until such time as there is a
new written petition submitted to the Village Administrator of the Incorporated
Village of Massapequa Park, and the said new written petition, signed by a
minimum of 250 registered voters in the Incorporated Village of Massapequa
Park, shall only be submitted at least one year after the initial date that
the Board of Trustees voted not to hold a public hearing to change the term
of office for an elected public official or officials.
C.
Public hearing requirements. If the Board of Trustees
votes by the majority of the entire Board to hold a scheduled public hearing,
there must be a minimum of 90 days' notice of the said scheduled public hearing,
and notice of the scheduled public hearing must be posted in both of the local
newspapers in the Village of Massapequa Park for four consecutive weeks prior
to the scheduled public hearing, and notice of said scheduled public hearing
must also be posted in three conspicuous areas in the Village of Massapequa
Park for four weeks prior to the said scheduled public hearing.
After a full public hearing has been held concerning this issue relating
to changing the term of office for an elected public official or officials,
the decision to place a proposition to change the said term of office on the
public ballot by permissive referendum or otherwise on the public ballot must
be approved in the affirmative by a vote of at least four members of the Board
of Trustees. If the vote relating to changing the term of office for an elected
public official or officials is not approved by at least four members of the
Board of Trustees, then the issue to change the term of office for an elected
public official or officials is deemed defeated for all purposes and shall
only be submitted at least one year after the initial date that the Board
of Trustees voted not to change the term of office for an elected public official
or officials on the public ballot by permissive referendum or otherwise.
The proposition to change the term of office for an elected public official
or officials shall only be put on the ballot no less than nine months prior
to the next mayoral election, and the proposition can only appear on the ballot
by permissive referendum or otherwise during the mayoral election year.
Once this proposition has been placed on the public ballot by permissive
referendum or otherwise, the proposition must be approved by a majority of
the votes cast by registered voters in the Incorporated Village of Massapequa
Park.
