[Adopted 8-26-2013 by L.L. No. 1-2013]
It is the public policy of the Town of Tuxedo that those Town officers who are called to public service benefitting our country or our state, including, but not limited to, military service, disaster relief service, or other similar public service, may be permitted to take up the call to such service and obtain a leave of absence from their Town office, permitting their return to Town office upon conclusion of such service. It is in the overall interest of the Town that acting officers, having the same qualifications, powers and duties as those officers in whose stead they act, be appointed to act in such offices during the term of such leaves of absence so that the administration and government of the Town not be deprived of their full vigor, efficiency and effectiveness. The Town Board finds that the New York State Constitution and the New York State Municipal Home Rule Law permit this local legislation. Section 10, Subdivision 1a(1), of the Municipal Home Rule Law provides that the Town may legislate concerning the powers, duties, qualification, number, mode of selection and removal, terms of office, compensation, hours of work, protection, welfare and safety of its officers. The Town Board finds that this article does not change the number of existing officers, their classification, or duties, nor does it change the method of filling a vacancy in such office. The appointment of acting officers accords with the State Legislature's authorization of acting officers in corresponding municipalities (Village Law § 3-301, Subdivision 2a) and does not affect the organization of or procedure in any agency or branch of government which is exclusively a matter of state concern. This article is not inconsistent with the State Constitution or any general law of the state.
Any elective or appointive Town officer serving a fixed term of office may, upon approval of the Town Board, take a leave of absence for a portion of such term for the purpose of answering the call to public service. Such leaves of absence shall be unpaid, but the Town Board may determine to continue certain benefits during the term of such leave, which benefits must be specified in the approval of the leave. The officer shall resume office upon return from leave. Such leave shall have no effect on the length of any term of office nor affect any election thereto.
During any Town officer's leave of absence hereunder, the deputy for such officer shall act in the officer's stead as is required of deputies. Where the officer on leave of absence has no deputy, the Town Board may appoint an acting officer to act in such officer's stead during the leave of absence. Such acting officer shall have all the qualifications and training required of the officer in whose stead he or she is acting. Such acting officer shall have all the powers and perform all the lawful duties of the office but may not appoint anyone in the case where the officer on leave has such powers of appointment. Upon a Town officer's return to his or her office from leave, the acting officer shall cease from any performance of the duties of such office, and such acting officer's appointment shall dissolve. The acting officer may be compensated as determined by the Town Board.