[Adopted 5-3-2021 by L.L. No. 3-2021]
The Town Board of the Town of Kinderhook seeks to establish
the position of Confidential Administrative Assistant to the Town
Supervisor with a policy influencing/confidential designation. This
position will be a position in the exempt class of the classified
service and authorizes the Supervisor of the Town of Kinderhook to
appoint an individual who has not taken the civil service examination
to the position of Confidential Administrative Assistant to the Town
Supervisor, to serve at the pleasure of the Supervisor of the Town
of Kinderhook.
The Town Board of the Town of Kinderhook enacts this article
under the authority granted by:
A. New York Municipal Home Rule Law § 10.
B. Civil Service Law § 41(c).
Be it enacted by the Town Board for the Town of Kinderhook as
follows:
A. Pursuant to Civil Service Law § 41(c), one secretary of
each municipal board or commission authorized by law to appoint a
secretary shall be in the exempt class.
B. The Town of Kinderhook hereby deems the position of Confidential
Administrative Assistant to the Supervisor, with the policy influencing/confidential
designation, to be in the exempt class pursuant to Civil Service Law
§ 41(c).
C. Positions placed in the exempt class constitute an exception to the
constitutional mandate that all positions as far as practicable must
be filled only after competitive examinations. Pursuant to the Rules
for the Classified Service of the Department of Civil Service set
forth in 6 NYCRR § 2.1, positions in the exempt class, other
than unskilled labor positions, are those for which competitive or
noncompetitive examinations or other qualification requirements are
not practicable.
D. Appointment. The Supervisor of the Town Board of the Town of Kinderhook
is hereby authorized to appoint an individual who has not taken the
civil service examination to the position of Confidential Administrative
Assistant to the Supervisor.
In the event that any word, phrase or part of this article shall
be declared unconstitutional, the same shall be severed and separated
from the remainder of this article and shall not effect the remainder
of said article which shall remain in full force and effect.
This article shall take effect immediately upon filing in the
office of the New York State Secretary of State.