[HISTORY: Adopted by the Town Board of the Town of Poestenkill
as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-9-1991 by L.L. No. 1-1991 (Ch. 38 of the 1986
Code)]
This article shall be cited and may be referred to hereinafter
as the "Town Officer Residency Requirement Law of the Town of Poestenkill."
It is the purpose and intent of this article to facilitate the
solicitation and appointment of specified Town officers of the Town
of Poestenkill by permitting such appointees to be persons other than
electors of the Town of Poestenkill, thereby widening the field of
prospective candidates for such positions and permitting the Town
to select the person or persons most qualified for such positions.
This article is enacted in accordance with the provisions of
Municipal Home Rule Law § 10, Subdivision 1, which empowers
a town to adopt a local law pertaining to the qualifications of its
officers and employees, provided that the same is not inconsistent
with the New York State Constitution or a general law of the State
of New York. Specifically, this article overrules the statutory residency
requirements imposed by Town Law § 23 and Public Officers
Law § 3, which are no longer general laws of the State of
New York because of the many exceptions thereto affecting particular
towns.
The person or persons holding the office of Town Code Enforcement
Officer in the Town of Poestenkill, or any deputy of said office,
need not be a resident or elector of the Town of Poestenkill; provided,
however, that such person or persons shall reside within the County
of Rensselaer, that being the county within which the Town of Poestenkill
is located.
A.
The provisions of § 50-4 of this article notwithstanding, it shall be the policy of the Town of Poestenkill in considering and making such appointments that, where there exist two or more applicants for such position who each possess adequate and equal or nearly equal qualifications, preference shall be given to the applicant or applicants, if any, who are residents of the Town of Poestenkill.
B.
The above-stated policy of preference toward appointment of qualified
local residents shall also apply to any Town office for which the
appointment of persons other than Town electors is now or shall hereafter
be legally permitted and authorized, whether by statute or local legislation.
In the event that there shall be thus allowed for any particular office
the appointment of any resident of the State of New York, preference
in appointment to that office shall be given first to the applicant
or applicants, if any, who are residents of the Town of Poestenkill
and second to the applicant or applicants, if any, who are residents
of Rensselaer County.
[Adopted 1-23-1997 by L.L. No. 1-1997 (Ch. 7, Art. I, of
the 1986 Code)]
This article shall be cited and may be referred to hereafter
as the "Town Attorney Compensation Law of the Town of Poestenkill."
It is the desire of the Town Board to reinstate the position
and office of Town Attorney, with an annual salary budgeted for said
office and based on the Board's estimation of the time necessary
to be expended in order to perform the ordinary legal services associated
with such position. The Board recognizes, however, that legal matters
are, by their very nature, unpredictable and, in particular, that
various special matters might require an expenditure of time in excess
of that estimated by the Town Board. The Town Board desires to retain
legal services of the highest caliber and also recognizes that it
is generally preferable to have the same attorney who is familiar
with the Town and its officials and actions representing the Town
in litigation and other similar special matters wherein the Town might
otherwise be compelled to engage the services of an outside special
counsel. The Town Board further recognizes that the amount budgeted
for ordinary legal services by the Town Attorney may be inadequate
for the performance of such additional services. Accordingly, it is
the purpose of this article to provide for the additional and adequate
compensation of the Town Attorney where the performance of legal services
associated with that position extends to litigation or other special
matters.
As used in this article, the following terms shall have the
meanings indicated:
The annual salary established by the Town Board for the position
of Town Attorney for the performance of ordinary services and not
including services performed in connection with special matters.
Those payments made to the Town Attorney in excess of the
budgeted annual salary for the time spent for services performed in
connection with special matters.
Preparation for, prosecution or defense of, negotiation and
settlement efforts related to and any other reasonable and necessary
services in connection with any actual or threatened litigation, administrative
proceeding, special proceeding or arbitration, including such matters
as notices of claim, pre-litigation hearings and discovery proceedings,
tax certiorari matters, administrative and judicial appeals, representation
of special districts for the providing of municipal services, and
such other matters as the Town Board shall from time to time determine.
The public officer holding the position of Town Attorney
of the Town of Poestenkill in the County of Rensselaer and State of
New York.
The Town Board of the Town of Poestenkill in the County of
Rensselaer and State of New York.
A.
To the extent that the Town Attorney performs legal services on special
matters, the Town Attorney is entitled to and shall receive compensation
above the annual salary at such hourly rates as the Town Attorney
and Town Board shall agree upon for said services.
B.
The services performed as aforesaid and the amount of the time expended
thereon shall be properly documented by the Town Attorney. Payment
therefor shall be made only upon the submission of a voucher in accordance
with established Town procedures.
C.
Payments currently due for legal services heretofore performed on special matters, as well as any payments hereafter due for any current or future such services, shall be made via the payroll method and accordingly: i) all such payments shall be subject to payroll withholdings; ii) the Town shall make social security contributions in connection therewith; iii) the Town shall take all of those payments as well as the time expended in performing such services into account in calculating the Town Attorney's salary and reportable workdays which are the bases for the Town's contribution on behalf of the Town Attorney to the New York State and Local Employees' Retirement System; and iv) such payments and such time expended shall be taken into account in determining any other employment benefits, including but not limited to any Town plan of deferred compensation, health insurance benefits and the like. For purpose of implementing this provision, the Town Supervisor and the Town Bookkeeper are hereby authorized to take appropriate steps and file all appropriate forms and statements. The payment of compensation via the payroll method, as hereinabove set forth, shall continue for all legal services rendered by the Town Attorney through December 31, 2011. At the discretion of the Town Board, payment for services for special matters rendered after December 31, 2011, may continue to be made via the hereinabove-described payroll method or, alternatively, may be made via direct payment to the Town Attorney; in which latter case, the provisions of this Subsection C relating to payments made via the payroll method shall no longer apply. Any such change in the method of payment for the fiscal year 2012 or for any year thereafter shall be determined by resolution of the Town Board adopted at the annual organizational meeting for that year.
[Amended 7-15-2010 by L.L. No. 4-2010]
D.
The Town Attorney, like all other Town officials, shall be entitled
to full reimbursement for any disbursements made and expenses incurred
in connection with services performed on behalf of the Town, regardless
of whether such services are characterized as ordinary matters or
as special matters. Such reimbursements shall not be considered compensation
and shall not be reported as such.
The provisions of Town Law § 20, Subdivision (2)(a),
and § 27 are hereby superseded by this article, pursuant
to § 10 of the Municipal Home Rule Law, as the same shall
apply to the office of Town Attorney of the Town of Poestenkill in
the County of Rensselaer and State of New York.
