[Adopted 10-15-2008 by L.L. No. 5-2008; amended in its entirety 2-23-2009 by L.L. No. 3-2009]
The purpose of this article is to authorize and confirm the
creation and appointment of nonjudicial Justice Court positions for
the Town of Wappinger Justice Court pursuant to § 109 of
the Uniform Justice Court Act and to designate those positions as
exempt positions under New York State Civil Service Law § 41(1)(d).
In accordance with the provisions of New York State Uniform
Justice Court Act § 109 and New York State Civil Service
Law § 41(1)(d), the Town Board hereby establishes the position
of Court Clerk.
A.
The Court Clerk shall have those powers and duties as set forth in
New York State Uniform Justice Court Act § 109 or as assigned
by any applicable Court rule or regulation.
B.
The Court Clerk shall perform the work duties as identified by the
Dutchess County Department of Personnel job classification for the
position of Court Clerk.
C.
The position of Court Clerk is hereby classified as "exempt," pursuant
to Civil Service rules and regulations.
In accordance with the provisions of New York State Uniform
Justice Court Act § 109 and New York State Civil Service
Law § 41(1)(d), the Town Board hereby establishes the position
of Deputy Court Clerk.
A.
The Deputy Court Clerk shall assist the Court Clerk in the performance
of his/her duties along with any other duties assigned by the Court
Clerk or by the Justices of the Town of Wappinger Justice Court.
B.
The Deputy Court Clerk shall assume all the powers, duties, privileges
and obligations of the Court Clerk in the absence or inability of
the Court Clerk to perform his or her duties. In such instances, the
Deputy Court Clerk may act for and in the place of the Court Clerk.
C.
The Deputy Court Clerk shall have those powers and duties as set
forth in New York State Uniform Justice Court Act § 109,
or as assigned by any applicable Court rule or regulation.
D.
The Deputy Court Clerk shall perform the work duties as identified
by the Dutchess County Department of Personnel job classification
for the position of Deputy Court Clerk.
E.
The position of Deputy Court Clerk is hereby classified as "exempt"
pursuant to Civil Service rules and regulations.
F.
Waiver of residency requirements for Deputy Court Clerk.
(1)
The Town Board acknowledges that § 23, Subdivision 1, of
the Town Law of the State of New York requires every officer of the
Town at the time of his/her appointment and throughout his/her term
of office to be an elector of the Town. Additionally, § 3,
Subdivision 8, of the Public Officers Law provides that those persons
appointed to nonjudicial positions in town justice courts shall be
residents of such town. However, by amendment to § 3 of
the Public Officers Law, the State Legislature has exempted the residency
requirements for any position within the office of Court Clerk in
the Town of Bedford and specifically exempted a Deputy Court Clerk
from the residency requirements thereof.
(2)
Section 10 of the Municipal Home Rule Law of the State of New York
authorizes a town to adopt by local law, for its own purposes, any
statutory provision, amendment or exemption which has been expressly
authorized by the State Legislature for any other named town, thereby
superseding general statutory provisions to the contrary. Town Law
§ 20 also authorizes the Town Board to appoint a Clerk of
the Court upon the advice and consent of the Town Justices.
(3)
The Town Board has received a request from the Town Justices seeking
to appoint a person who is a nonresident of the Town of Wappinger
to the position of Deputy Court Clerk. The Town Justices noted that
they knew this person to be a skilled and qualified person having
served in a similar capacity in another municipality in Dutchess County,
New York.
(4)
The purpose and intent of this article is to enable the Town Board
to appoint a nonresident of the Town of Wappinger to the position
of Deputy Court Clerk.
(5)
In accordance with the legislative intent noted above, the person
or persons appointed to the position of Deputy Court Clerk of the
Justice Court of the Town of Wappinger shall not be required to be
a resident or elector of the Town of Wappinger in order to hold and
serve such position.
In accordance with the provisions of New York State Uniform
Justice Court Act § 109 and New York State Civil Service
Law § 41(1)(d), the Town Board hereby establishes the position
of Clerk to the Justice.
A.
There shall be two such Clerks to the Justice, one for each elected
Justice; one Clerk to the Justice shall be full-time and one Clerk
to the Justice shall be part-time for calendar year 2009. Commencing
in calendar year 2010, the position of Clerk to the Justice may be
either full-time or part-time as determined by resolution of the Town
Board, in consultation with the elected Justices to the Town of Wappinger.
B.
The Clerk to the Justice shall have those powers and duties as set
forth in New York State Uniform Justice Court Act § 109,
or as assigned by any applicable Court rule or regulation.
C.
The job duties of the Clerk to the Justice shall be as set forth
and defined in the job description for a Clerk to the Justice maintained
by the Dutchess County Department of Personnel.
D.
The position of Clerk to the Justice is hereby classified as "exempt"
pursuant to Civil Service rules and regulations.
The salaries and hours worked per week of the Court Clerk, Deputy
Court Clerk and Clerks to the Justice shall be established by the
Town Board of the Town of Wappinger yearly at the Town Board's
annual reorganization meeting.
The Court Clerk, Deputy Court Clerk and Clerks to the Justice
shall be employed by appointment by the Town Board upon the advice
and consent of the Town Justices. Such appointments shall be made
at the reorganizational meeting of the Town Board each year hereafter.
This article is intended to supersede any contrary provisions
contained in Town Law §§ 20 and 23, or Public Officers
Law § 3, Subdivision 8, with respect to the residency requirements
of the Deputy Court Clerk.
