Town of Amherst, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Amherst as indicated in article histories.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Administration — See Ch. 4.
Clerk — See Ch. 9.
Superintendent of Highways — See Ch. 52.
Supervisor — See Ch. 54.
[1]
Editor's Note: Former Ch. 10, Comptroller, adopted 4-20-1998 by L.L. No. 11-1998, was repealed 7-14-2003 by L.L. No. 14-2003, approved by referendum at general election on 11-4-2003.
[Adopted 3-15-2004 by L.L. No. 3-2004]
This article shall be known as "A Local Law to Adjust the Compensation of Elected Officials in the Town of Amherst for Fiscal Year 2004."
A. 
The Town Board of the Town of Amherst finds that elected officials in the Town of Amherst have not had an increase in their compensation in 14 years. In the intervening years, the issues which must be addressed by all elected officials have become increasingly complex. Whether oversight of the ever more challenging fiscal issues facing the Town of Amherst or responding to increased demands on the Town Clerk, or the increasing responsibility of the Highway Superintendent as the total mileage of Town roads has increased, to the disposition of some of the heaviest case loads carried by any town court in the State of New York, the demands on the elected officials of this Town have increased substantially.
B. 
The Town Board further finds that, in order to address the question of fair compensation for elected officials in a nonpartisan objective manner, the Supervisor appointed a Citizens Salary Review Commission made up of a cross-section of residents of the Town of Amherst. After a thoughtful, professional and balanced review, the Supervisor's Citizens Review Commission submitted its recommendation to the Town Board for salary increases for elected officials. After negotiations, proposed salary increases for elected officials were put forward and were enacted as part of the 2003 Town budget, but the salary increases were not paid by the Supervisor.
C. 
The Town Board further finds that a resolution was adopted by this Board at its meeting held February 2, 2004, which reconvened the Citizens Salary Review Commission and requested that the Commission renew its recommendations regarding salaries for elected officials in the Town of Amherst. The Citizens Salary Review Commission has met and made its recommendations to this Board.
D. 
The Town Board finds that the power to fix salaries of Town employees is vested by the Constitution of the State of New York in the State Legislature. The Board further finds that the State Legislature has expressly delegated to Town Boards, and only to Town Boards, the authority to set salaries for both appointed and elected Town officials and that this express delegation is found in Town Law § 27(1). This express authority is in furtherance of the general power of the Town Board to control Town finances found in § 64 of the Town Law. The Board further finds that it may set elected officials salaries at amounts greater than those approved in the Town's annual budget through the adoption of an appropriate local law.
E. 
It is the intent of the Town Board of the Town of Amherst, through the passage of this article, to establish a compensation structure for elected officials for the fiscal year 2004 which adequately reflects the responsibilities assumed and duties performed by the elected officials and to address the corrosive effect of inflation on the salaries of elected officials in the intervening years since their last salary increase. It is also the intent of the Town Board to ensure that the salaries authorized by this article are paid as established herein.
A. 
The annual salaries of elected officials of the Town of Amherst for the fiscal year 2004 provided in the Town budget for fiscal year 2004 are hereby amended and set as follows upon the effective date of this article:
(1) 
Supervisor: $75,000.
(2) 
Town Councilman: $25,500.
(3) 
Town Councilman: $25,500.
(4) 
Town Councilman: $25,500.
(5) 
Town Councilman: $25,500.
(6) 
Town Councilman: $25,500.
(7) 
Town Councilman: $25,500.
(8) 
Town Justice: $69,500.
(9) 
Town Justice: $69,500.
(10) 
Town Clerk: $62,500.
(11) 
Superintendent of Highways: $71,483.
(a) 
Additional responsibilities:
[1] 
Parks: $7,500.
[2] 
Signs/signal/storm drainage: $2,500.
[3] 
Total (Superintendent of Highways): $81,483.
B. 
These salaries shall be paid pursuant to § 10-4 of this article.
[Amended 12-11-2017 by L.L. No. 25-2017]
Within forty-five (45) days of the adoption of this article, the Supervisor as required by § 29(7) of the Town Law of the State of New York and the Personnel Director shall take any and all steps necessary to pay the salaries established in § 10-3 of this article. Funding for these salaries shall be paid from the balances remaining from unappropriated unreserved monies remaining in the budget of the Town Court of the Town of Amherst or from contingent funds, surplus monies, unexpended balances or any other legal funding source.
This article is enacted pursuant to the authority of § 27(1) of the Town Law of the State of New York regarding compensation of Town officers and employees, which section authorizes a Town Board to increase the salary of certain elected officials of the Town at an amount in excess of the amount specified in the notice of public hearing on the preliminary budget for not more than one year by local law pursuant to the Municipal Home Rule Law. It is also enacted pursuant to the general authority given to Town Boards by § 64(1) of the Town Law of the State of New York. It is enacted by virtue of the authority to manage their property, affairs, and government vested in Town governments by § 10, § 20 and § 27 of the Municipal Home Rule Law of the State of New York.
In accordance with the provisions of § 24(2)(h) of the Municipal Home Rule Law, this article shall not become operative unless and until 45 days have elapsed after its adoption and no petition protesting against it, signed and authenticated as required by said section, has been filed with the Town Clerk of the Town of Amherst, or if such petition is filed, a proposition for the approval of this article has been submitted at the next general election or a special election for that purpose pursuant to said section and received the affirmative vote of a majority of qualified electors voting thereon.