[HISTORY: Adopted by the Town Board of the Town of Austerlitz
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-8-2006 by L.L. No. 3-2006]
A.
The Town of Austerlitz has encountered difficulties in identifying
candidates for the position of Clerk of the Town Justice Court with
the proper qualifications who are electors of the Town. New York State
law identifies the Clerk of Courts as a public officer and requires
public officers to be electors of the Town. The Town recognizes the
importance of its public officers being electors and desires to provide
a preference for Town residents; however, the primary concern is to
appoint qualified persons to the position so as to assure the proper
function of the Town Justice Court.
B.
The purpose of this article is to provide the Town Board with the
ability to appoint a Clerk of the Court, with the advice and consent
of the Town Justices, who is not an elector of the Town. If there
is more than one qualified person for the position of Clerk of Courts,
and all persons are acceptable to the Town Justices, preference shall
be given to an elector of the Town.
This article is authorized by the New York State Constitution,
Article IX, § 2, the provisions of the New York Municipal
Home Rule Law, the provisions of the Statute of Local Governments,
the relevant provisions of the Town Law of the State of New York and
the laws of the Town of Austerlitz.
The Clerk of the Court of the Town shall be appointed by the
Town Board. The Clerk of the Court of the Town shall be employed and
discharged from employment only upon the advice and consent of the
Town Justices. The Clerk of the Court shall not be required to be
an elector of the Town; however, if there is more than one qualified
candidate for employment as Clerk of the Court, and the candidates
are acceptable to the Town Justices, a preference in employment shall
be given to an elector of the Town of Austerlitz.
Pursuant to §§ 10 and 11 of the Municipal Home
Rule Law of the State of New York, this article is intended to supersede
the provisions contained in Article 3, § 23, of the Town
Law of the State of New York, which requires that clerks of the Town
Justice Court be electors of the Town.
This article may be referred to as the "Town of Austerlitz Court
Clerk Eligibility Law."
