[Adopted 3-7-2016 by L.L.
No. 1-2016[1]]
[1]
Editor’s Note: This local law also repealed former Art.
III, Town Administrator, adopted 1-21-1992 by L.L. No. 1-1992.
This article shall be known as "A Local Law Establishing the
Procedure for Filling a Vacancy in the Office of a County Supervisor
Who is Not a Town Board Member."
Pursuant to Local Law No. 2 of 1968, as amended, the County
of Saratoga adopted a system of weighted voting which provided that
the composition of the County Board of Supervisors consists of two
County Supervisors from Clifton Park, including an at-large representative
from the Town on the County Board. The County of Saratoga is currently
considering a proposal to provide that vacancies in the office of
the second County Supervisor from the Town of Clifton Park shall be
filled in accordance with applicable provisions of the Clifton Park
Town Code.
This article is set forth pursuant to Municipal Home Rule Law
§ 10, Subdivision 1, Paragraph (ii)d(3), which provides
a Town with supersession authority. This section of law provides that
a Town may amend or supersede "any provision of the Town Law relating
to the property, affairs or government of the Town or to other matters
in relation to which and to the extent to which it is authorized to
adopt local laws by this section, notwithstanding that such provision
is a general law, unless the legislature expressly shall have prohibited
the adoption of such a local law." The Town Board specifically desires
to act by local law in order to establish the procedure for filling
a vacancy in the office of the second, or at-large, Supervisor representing
the Town of Clifton Park on the Saratoga County Board of Supervisors.
[Amended 5-16-2016 by L.L. No. 3-2016]
In the case of a vacancy in the office of the County Supervisor,
who is not a member of the Town Board, the Town Board or a majority
of its members may appoint a qualified person to fill the vacancy.
