[HISTORY: Adopted by the Town Board of the
Town of Islip 6-17-1980 as L.L. No. 11, 1980.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also superseded
former Chapter 50B, Town Clerk, Department of, adopted 7-17-1974 as
L.L. No. 11, 1974, as amended.
This local law shall be known as the "Office
of the Town Clerk of the Town of Islip."
A.
Word usage. Whenever used in this local law, words
used in the singular include the plural and vice versa.
B.
DEPARTMENT
DEPUTY TOWN CLERK
TOWN CLERK
Definitions. As used in this local law, the following
terms shall have the meanings indicated:
The Town of Islip Department of the Town Clerk, which shall
perform a major function of Town government.
The Deputy Town Clerk appointed and holding office pursuant
to § 30, Subdivision 10, of the Town Law, who shall act
generally for and in place of the Town Clerk.
The elected public official, who shall be the chief executive
officer of the Department.
A.
There shall be in the Town of Islip a Department of
the Town Clerk. The principal executive officer and administrative
head of such Department shall be the Town Clerk, who shall be elected
to said office for a term of four (4) years at such salary as may
from time to time be fixed by the said Town Board. The Town Clerk
may serve up to three (3) four-year terms regardless of whether said
terms are served consecutively or nonconsecutively. These term limitations
shall be applied prospectively commencing with the Town Clerk elected
in the November, 1995 general election. Terms of office held prior
to the November, 1995 general election shall not be counted for term
limitation purposes. The Town Clerk shall be the head of the Department
with power and authority to appoint and remove officers and employees
under his jurisdiction in accordance with the Civil Service Law and
other applicable laws.
[Amended 7-13-1994 by L.L. No. 3, 1994[1]]
[1]
Editor's Note: This local law passed mandatory
referendum 11-8-1994. Section 2 of this local law provided that this
local law shall control over inconsistent law, specifically § 24
of the Town Law.
B.
The Town Clerk is empowered herein to appoint two
(2) Deputies who shall generally act for and in his behalf and who
shall perform such duties as are vested in and imposed upon that office
by the provisions of this local law, by statute or by other lawful
authority. The Town Clerk shall file, in the office of the Town Clerk,
a designation of successorship with respect to said Deputies.
C.
Before entering upon the duties of his office, the
Town Clerk shall execute and file with the Town Clerk an official
undertaking, if the same is required by the Town Board, in such sum
as prescribed by the Town Board and in such form as approved by the
Town Attorney.
D.
The Town Clerk shall have such powers as prescribed
by law as shall be necessary for the proper administration of the
Department consistent with applicable provisions of law.
A.
Licenses and records. The Town Clerk administers,
supervises and manages all necessary procedures regarding the issuance
of licenses and permits authorized under law on behalf of the Town
of Islip, keeps and maintains records thereon and collects all required
fees thereof.
B.
Legislative administration. The Town Clerk administers,
supervises, manages and performs all functions and duties as Clerk
of the Town Board of the Town of Islip in the performance of its legislative
responsibilities; supervises all official proceedings and acts of
the Town Board; arranges the posting and publication of all public
and legal notices as required by law; and keeps and safeguards complete
and accurate records of official proceedings and acts of the Town
Board and of every board or improvement district of the Town.
C.
Vital statistics. The Town Clerk administers, supervises
and manages the filing and recording of all certificates, oaths and
other papers and documents required by law of the Registrar of Vital
Statistics of the Town of Islip, and the issuing of certifications
and verifications thereof.
D.
The Town Clerk shall be empowered to perform such
other duties and functions that are prescribed to be performed by
him in any law, ordinance or resolution of the Town Board or lawful
directive of the Supervisor. However, the Town Clerk may delegate
any of his powers to or direct any of his duties to be performed to
a Deputy Town Clerk or other duly appointed assistant.
A.
The Town Clerk issues licenses or permits pursuant to Town ordinances for the following items: bingo, pursuant to Chapter 5; carters, pursuant to Chapter 21; games of chance, pursuant to Chapter 22; peddlers, pursuant to Chapter 39; solicitors, pursuant to Chapter 46; taxicabs, pursuant to Chapter 49; and towing, pursuant to Chapter 51. If the Town Clerk determines that there is a question as to whether a license should be issued or revoked under the aforementioned chapters of the Islip Town Code, the Clerk may refer such applications to the Board of Review.
B.
Composition; powers; procedure.
(2)
The Board shall have the power to review applications
for licenses and/or permits or revocations of licenses and/or permits,
under the ordinances mentioned above, and shall have the power to
recommend, for good reason, the granting, denial, revocation or granting
with certain stipulations of such licenses or permits to the Town
Clerk. All meetings of the Board shall be held in accordance with
the Open Meetings Law, Public Officers Law, § 95 et seq.
In addition, the Board shall give written notice of its meeting to
each person or entity whose application or license is scheduled to
be considered at the meeting, by certified mail, return receipt requested,
and such person or entity or a representative thereof shall have the
right to be heard and present evidence and testimony before the Board
prior to its rendering a decision. The Board is empowered to hold
public hearings and issue subpoenae.
[Amended 3-15-83 by L.L. No. 1, 1983]
(3)
The main purpose of the licensing procedure is to
make sure that the individuals who come into contact with the public
at large are responsible and trust-worthy. In the case of persons
previously convicted of one (1) or more criminal offenses, the Board
will not recommend a denial of a license or permit unless:
(a)
There is a direct relationship between one (1)
or more of the previous criminal offenses and the specific license
or employment sought; or
(b)
The issuance of the license would involve an
unreasonable risk to the property or to the safety or welfare of specific
individuals or the general public.
(4)
In making its determination pursuant to this local
law, the Board shall consider the following factors:
(a)
The public policy of this state to encourage
the licensure and employment of persons previously convicted of one
(1) or more criminal offenses.
(b)
The specific duties and responsibilities necessarily
related to the license or employment sought.
(c)
The bearing, if any, the criminal offense or
offenses for which the person was previously convicted will have on
his fitness or ability to perform one (1) or more of such duties or
responsibilities.
(d)
The time which has elapsed since the occurrence
of the criminal offense or offenses.
(e)
The age of the person at the time of the occurrence
of the criminal offense or offenses.
(f)
The seriousness of the offense or offenses.
(g)
Any information produced by the person or produced
on his behalf in regard to his rehabilitation and good conduct.
(h)
The legitimate interest of the Town of Islip
in protecting property and the safety and welfare of specific individuals
or the general public.
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In making its determination, the Board shall
also give consideration to a certificate of relief from disabilities
or a certificate of good conduct issued to the applicant, which certificate
shall create a presumption of rehabilitation in regard to the offense
or offenses specified therein.
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(5)
The Board shall make its determination within thirty
(30) days of the receipt of the papers from the Town Clerk. At the
request of any person denied a license, the Board shall provide, within
thirty (30) days of a request, a written statement setting forth the
reasons for its recommendation.
All costs and expenses incurred by the Department
or its officers or employees on behalf of a special improvement district
or special Town project shall be charged against such district or
project and paid for from the funds duly appropriated for the purposes
of such district or project.
Nothing herein contained shall be construed
to delegate or transfer any power of the Town Supervisor contained
in §§ 29, 52 and 125 of the Town Law of the State of
New York or any other powers which may be lawfully exercised by said
Supervisor.
The Town Clerk may establish a schedule of fees
to be collected by him for:
A.
The filing in his office or Department of any map
or written instrument required to be so filed.
B.
The preparation of any copy of a map or written instrument
filed in his office or Department.
C.
Certifying any such map or written instrument.
D.
Any other service rendered in connection with the
work of his Department and for which he deems it necessary to charge
and to collect a fee therefor.
If any section, provision or part thereof in
this local law shall be adjudged invalid or unconstitutional by a
court of competent jurisdiction, then such adjudication shall not
affect the validity of the local law as a whole or any section, provision
or part thereof not so adjudged invalid or unconstitutional.
This local law shall be effective when the appropriate
certified copies are filed with the Secretary of State of the State
of New York.
