[HISTORY: Adopted by the Town Board of the Town of Niles 1-12-2023 by L.L. No. 2-2023. Amendments noted where applicable.]
A.
The Town Board of the Town of Niles (the "Town Board") recognizes
that, from time to time, circumstances may arise making it necessary
or desirable for the Town of Niles (the "Town") to employ Town officials,
including Town Board members, to effectively provide Town services
under exigent or emergency situations. One such example includes,
but is not limited to, ensuring that the Town Highway Department is
adequately staffed to provide snow removal and road maintenance services
during severe weather events. The Town Board further recognizes that
other foreseeable and unforeseeable events and circumstances may occur
that call for a response by the Town Board to address such events
and circumstances in the best interests of the Town. This chapter
is intended to enable the Town to address such matters in a timely
and effective manner.
B.
It is hereby declared to be the policy of the Town to allow for Town
of Niles officials, including members of the Town Board, to become
employed by the Town under distressed conditions to prevent or respond
to emergency situations or unusual conditions within the Town so as
to preserve, protect and promote the public health, safety and welfare
of the Town.
This chapter is enacted pursuant to the provisions of the New
York Municipal Home Rule Law and in accordance with the informal opinion
of the New York State Attorney General known as Informal Opinion No.
84-9 (1984 WL 186560) (the "Opinion"), which provides that a Town
Board may, by local law, supersede the common law doctrine of compatibility
of office to permit one or more persons to serve simultaneously as
a member of the Town Board and as an employee of the Town.
The Town Board, in furtherance of the best interests of the
Town, hereby adopts this chapter to establish an exception to, and
to supersede, the common law doctrine of compatibility of office and
thereby allow the Town to employ Town officials, including Town Board
members, under distressed, exigent, or emergency conditions, as the
Town Board deems appropriate and sees fit, for the performance of
services to and for the Town and to preserve, protect and promote
the public health, safety and welfare of the Town.
The Town Board has considered the provisions of Article 8 of
the Environmental Conservation Law ("SEQRA") and the regulations adopted
thereunder at 6 NYCRR Part 617 and finds that this chapter will not
result in any significant adverse environmental impacts. Therefore,
no further review is required under SEQRA.
If a court determines that any clause, sentence, paragraph,
subdivision, or part of this local law or the application thereof
to any person, firm or corporation, or circumstance is invalid or
unconstitutional, the court's order or judgment shall not affect,
impair, or invalidate the remainder of this local law but shall be
confined in its operation to the clause, sentence, paragraph, subdivision,
or part of this local law, or in its application to the person, individual,
firm or corporation or circumstance, directly involved in the controversy
in which such judgment or order shall be rendered.
This chapter shall take effect upon filing with the Secretary
of State.
