[Adopted 8-26-2013 by L.L. No. 1-2013]
It is the public policy of the Town of Tuxedo that those Town
officers who are called to public service benefitting our country
or our state, including, but not limited to, military service, disaster
relief service, or other similar public service, may be permitted
to take up the call to such service and obtain a leave of absence
from their Town office, permitting their return to Town office upon
conclusion of such service. It is in the overall interest of the Town
that acting officers, having the same qualifications, powers and duties
as those officers in whose stead they act, be appointed to act in
such offices during the term of such leaves of absence so that the
administration and government of the Town not be deprived of their
full vigor, efficiency and effectiveness. The Town Board finds that
the New York State Constitution and the New York State Municipal Home
Rule Law permit this local legislation. Section 10, Subdivision 1a(1),
of the Municipal Home Rule Law provides that the Town may legislate
concerning the powers, duties, qualification, number, mode of selection
and removal, terms of office, compensation, hours of work, protection,
welfare and safety of its officers. The Town Board finds that this
article does not change the number of existing officers, their classification,
or duties, nor does it change the method of filling a vacancy in such
office. The appointment of acting officers accords with the State
Legislature's authorization of acting officers in corresponding municipalities
(Village Law § 3-301, Subdivision 2a) and does not affect
the organization of or procedure in any agency or branch of government
which is exclusively a matter of state concern. This article is not
inconsistent with the State Constitution or any general law of the
state.
Any elective or appointive Town officer serving a fixed term
of office may, upon approval of the Town Board, take a leave of absence
for a portion of such term for the purpose of answering the call to
public service. Such leaves of absence shall be unpaid, but the Town
Board may determine to continue certain benefits during the term of
such leave, which benefits must be specified in the approval of the
leave. The officer shall resume office upon return from leave. Such
leave shall have no effect on the length of any term of office nor
affect any election thereto.
During any Town officer's leave of absence hereunder, the deputy
for such officer shall act in the officer's stead as is required of
deputies. Where the officer on leave of absence has no deputy, the
Town Board may appoint an acting officer to act in such officer's
stead during the leave of absence. Such acting officer shall have
all the qualifications and training required of the officer in whose
stead he or she is acting. Such acting officer shall have all the
powers and perform all the lawful duties of the office but may not
appoint anyone in the case where the officer on leave has such powers
of appointment. Upon a Town officer's return to his or her office
from leave, the acting officer shall cease from any performance of
the duties of such office, and such acting officer's appointment shall
dissolve. The acting officer may be compensated as determined by the
Town Board.
