[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by L.L. No. 11-1998, was repealed 7-14-2003 by L.L. No. 14-2003, approved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:
[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.
