[HISTORY: Adopted by the Town Board of the Town of Fishkill 1-17-1995 by L.L. No.
1-1995. Amendments noted where applicable.]
A. A special election on a proposition to change the term of office
of an elected official of the Town of Fishkill may be conducted at
any time and date that is set by resolution of the Town Board; such
special election may be conducted on the date of the biennial general
election or otherwise as the Town Board directs.
B. A resolution that is subject to a referendum shall be adopted not
less than 60 days prior to the date of the special election.
[Added 2-2-1996 by L.L. No. 1-1996]
A. Notwithstanding the provisions of Town Law § 20, Subdivision
3(b), or any subsequent amendment thereto or successor thereof, the
position of Comptroller for the Town of Fishkill shall have no fixed
term, but instead shall have an indefinite term. The incumbent of
the position of Comptroller shall be appointed by the Town Board and
shall serve at the pleasure of that body.
B. The provisions of this section shall be effective as of January 1,
1996.
[Added 5-21-2001 by L.L. No. 4-2001]
A. Notwithstanding the provisions of current Town Law § 20,
Subdivision 1(a), the position of Receiver of Taxes and Assessments
of the Town of Fishkill has been an appointive position since 1971,
at which time an earlier version of the aforesaid statute allowed
the Town of Fishkill to make such position appointive rather than
elective. There shall be no fixed term for this appointive position
of Receiver of Taxes and Assessments of the Town of Fishkill, and
the incumbent of that position serves at the pleasure of the Town
Board.
B. The provisions of this section shall be effective as of January 1,
2001.
[Added 3-18-2020 by L.L. No. 1-2020]
A. Title. The
title of this section shall be the "Term Limits Law."
B. Legislative
intent. It is the intent of the Town Board of the Town of Fishkill
to expand participation in the electoral process and to bring new
ideas to governance of the Town of Fishkill. To these ends, the Town
Board of the Town of Fishkill adopts this section to limit terms of
office for elected Town Board officials in the Town of Fishkill.
C. Term limits
established.
(1) No Supervisor
of the Town of Fishkill shall serve more than two terms of four years
each regardless of whether consecutive or not consecutive.
(2) No Town
Councilperson of the Town of Fishkill shall serve more than two terms
of four years each regardless of whether consecutive or not consecutive.
(3) Any
elected terms of office for Supervisor or Councilperson held by appointment
or election prior to the effective date of this section shall not
be counted for term limitation purposes.
D. Partial
term of office. Nothing contained herein shall prohibit an elective
public officer in the Town of Fishkill from holding either an elective
or appointive partial term in the same elective public office immediately
prior to election to that elective public office for a full term.
In that event, the partial term shall not be counted for purposes
of the term limitation imposed by this section.
E. Other elective
office. Nothing contained in this section shall prohibit an elective
public officer from seeking, being elected to, or holding another
and different elective public office in the Town of Fishkill at the
conclusion of a term of public office as required by this section.
F. Exclusion.
Nothing contained in this section shall apply to the office of Town
Justice of the Town of Fishkill; office of the Town Clerk of the Town
of Fishkill or the office of Highway Superintendent of the Town of
Fishkill.
G. Authority.
This section is enacted pursuant to § 10(1)(ii)(a) of the Municipal
Home Rule Law of the State of New York which authorizes towns to adopt
local laws concerning the mode of selection and terms of office of
elected officials.