[HISTORY: Adopted by the Town Board of the Town of Austerlitz as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 20.
Ethics — See Ch. 27.
Meetings — See Ch. 38.
[Adopted 6-8-2006 by L.L. No. 3-2006]
A. 
The Town of Austerlitz has encountered difficulties in identifying candidates for the position of Clerk of the Town Justice Court with the proper qualifications who are electors of the Town. New York State law identifies the Clerk of Courts as a public officer and requires public officers to be electors of the Town. The Town recognizes the importance of its public officers being electors and desires to provide a preference for Town residents; however, the primary concern is to appoint qualified persons to the position so as to assure the proper function of the Town Justice Court.
B. 
The purpose of this article is to provide the Town Board with the ability to appoint a Clerk of the Court, with the advice and consent of the Town Justices, who is not an elector of the Town. If there is more than one qualified person for the position of Clerk of Courts, and all persons are acceptable to the Town Justices, preference shall be given to an elector of the Town.
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.