[Adopted 6-8-2006 by L.L. No. 3-2006]
This article is authorized by the New York State Constitution,
Article IX, § 2, the provisions of the New York Municipal
Home Rule Law, the provisions of the Statute of Local Governments,
the relevant provisions of the Town Law of the State of New York and
the laws of the Town of Austerlitz.
The Clerk of the Court of the Town shall be appointed by the
Town Board. The Clerk of the Court of the Town shall be employed and
discharged from employment only upon the advice and consent of the
Town Justices. The Clerk of the Court shall not be required to be
an elector of the Town; however, if there is more than one qualified
candidate for employment as Clerk of the Court, and the candidates
are acceptable to the Town Justices, a preference in employment shall
be given to an elector of the Town of Austerlitz.
Pursuant to §§ 10 and 11 of the Municipal Home
Rule Law of the State of New York, this article is intended to supersede
the provisions contained in Article 3, § 23, of the Town
Law of the State of New York, which requires that clerks of the Town
Justice Court be electors of the Town.
This article may be referred to as the "Town of Austerlitz Court
Clerk Eligibility Law."