Town of New Castle, NY Chapter 33 Town Prosecutor

[HISTORY: Adopted by the Town Board of the Town of New Castle 1-5-2010 by L.L. No. 1-2010.[1] Amendments noted where applicable.]

GENERAL REFERENCES

Indemnification of public employees — See Ch. 12.

Personnel policies — See Ch. 22.

[1] Editor's Note: This local law indicated that it was adopted pursuant to the authority granted by Municipal Home Rule Law § 10, Subdivision 1, Paragraphs (ii)a(1) and (ii)d(3), and that it would supersede any provision of New York State law which was inconsistent with it.

§ 33-1 Establishment of position.

The position of Town Prosecutor of the Town of New Castle is hereby established and shall be filled by appointment of the Town Board.

§ 33-2 Duties and authority.

Any person serving in the position of Town Prosecutor shall prosecute the following actions in the New Castle Justice Court:

A. Violations of the Town Code or any other Town ordinance or law.

B. Violations of New York State law other than misdemeanors and felonies.

C. Such other matters as the Town Board may assign, from time to time.

§ 33-3 Qualifications.

Any person serving in the position of Town Prosecutor shall:

A. Be an attorney duly admitted to practice law in courts of New York.

B. Take the oath of office set forth in the New York Constitution, Article 13, § 1, as if he or she were a Town officer.

C. Meet such other qualifications as the Town Board may require, from time to time.

§ 33-4 Number of Town Prosecutors.

One or more, but not more than three, people may serve simultaneously as Town Prosecutor.

§ 33-5 Compensation.

Any person serving as Town Prosecutor shall be paid a fixed salary, earned on a monthly basis, in such amount as the Town Board may set, from time to time and from person to person.

§ 33-6 Period of appointment.

Any person serving as Town Prosecutor shall serve at the will and pleasure of the Town Board but only until the next organizational meeting of the Town Board following his or her appointment.