[HISTORY: Adopted by the Town Board of the Town of Delaware as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-11-1991 by L.L. No. 5-1991]
The provisions of § 20(2)(a) and § 27 of the Town Law of the State of New York are hereby superseded, pursuant to § 10 of the Municipal Home Rule Law of the State of New York, as the same shall apply to the office of Town Attorney of the Town of Delaware, County of Sullivan, State of New York.
The Town Board of the Town of Delaware shall fix the salary for the Town Attorney and any Assistant Town Attorney for their regularly performed duties. By resolution duly adopted, the Town Board may pay an additional hourly rate for the performance of specified services in excess thereof. Such additional services shall include, but not be limited to, the formation of special districts, related services in any sewer, water or other district in excess of routine duties performed for the Town, extensive litigation, legal services related to grants, labor relations and tax certiorari proceedings.
The services performed and the amount of time spent shall be properly documented by the Town Attorney. Payment shall be made only upon the submission of a voucher in accordance with Town procedures therefor.
Payments for such additional services shall not be considered compensation for the purposes of the New York State Retirement System.
The Town Attorney for the Town of Delaware at the time of his/her appointment and throughout his/her term need not be an elector of the Town of Delaware so long as he or she is a resident of the County of Sullivan of the State of New York.