Bill S267A-2009

Provides that certain part-time village and town employees need not be a resident of such village or town

Provides that a part-time employee of a village with a population of less than 10,000 or of a town with a population of less than 20,000 need not be a resident of such village or town, at the option of such town or village; provides that such part-time employee need only be a resident of the county in which such village or town is located or an adjoining county.

Details

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Actions

  • Jun 8, 2010: ADVANCED TO THIRD READING
  • Jun 7, 2010: 2ND REPORT CAL.
  • Jun 3, 2010: 1ST REPORT CAL.731
  • May 27, 2010: PRINT NUMBER 267A
  • May 27, 2010: AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • Jan 6, 2010: REFERRED TO LOCAL GOVERNMENT
  • Jan 7, 2009: REFERRED TO LOCAL GOVERNMENT

Votes

VOTE: COMMITTEE VOTE: - Local Government - Jun 3, 2010
Ayes (7): Stewart-Cousins, Oppenheimer, Valesky, Thompson, Johnson C, Little, Bonacic
Excused (1): Morahan

Memo

BILL NUMBER:S267A

TITLE OF BILL: An act to amend the town law, the public officers law and the village law, in relation to the residency requirement for certain part-time employees

PURPOSE: Provides that certain part-time village and town employees need not be a resident of such village or town.

SUMMARY OF PROVISIONS: Section one amends Section 23 of the Town Law to add a subdivision giving the option to any town in the state that has a population of less than 20,000 residents to appoint a person to perform the duties of a part-time employee who is not an elector of such town.

Section two amends the Public Officers Law to add a subdivision exempting any part-time employee from the requirement that the individual reside in such town that has a population of less than 20,000 residents or any village that has a population of less than 10,000 provided that they reside within the county or an adjoining county.

Section three amends the Village Law to add a subdivision giving the option to any incorporated village that has a population of less than 10,000 residents, by resolution, the power to exempt any part-time employee from the requirement that the individual reside in such village, provided that they reside within the county or an adjoining county.

Section four contains the effective date.

JUSTIFICATION: This bill will allow towns and villages greater flexibility in hiring part-time employees. This bill would permit towns and villages to hire these positions from within a larger geographical area, so as to employ the best qualified and talented people they can to serve town residents. In addition, this is a way to promote the sharing of services between municipalities.

LEGISLATIVE HISTORY: 2008: S.1134 Local Government 2007: S.1134 Passed Senate 2005-06: S.733 3rd Reading 2004: S.6031 Local Government

FISCAL IMPLICATIONS: None. However, towns and villages could benefit from the savings which result from sharing certain part-time employees.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 267--A 2009-2010 Regular Sessions IN SENATE (PREFILED) January 7, 2009 ___________
Introduced by Sen. LITTLE -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- recom- mitted to the Committee on Local Government in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the town law, the public officers law and the village law, in relation to the residency requirement for certain part-time employees THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 23 of the town law is amended by adding a new subdivision 24 to read as follows: 24. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION, ANY TOWN IN THE STATE THAT HAS A POPULATION OF LESS THAN TWENTY THOUSAND RESIDENTS ACCORDING TO THE TWO THOUSAND FEDERAL CENSUS MAY, AT ITS OPTION, APPOINT A PERSON, WHO IS NOT AN ELECTOR OF SUCH TOWN, TO PERFORM THE DUTIES OF ANY PART-TIME EMPLOYMENT POSITION; PROVIDED THAT THE PERSON PERFORMING THE FUNCTIONS OF A PART-TIME EMPLOYEE IN ANY OTHER TOWN SHALL BE AN ELECTOR OF SUCH TOWN UNLESS OTHERWISE PROVIDED BY LAW. S 2. Section 3 of the public officers law is amended by adding a new subdivision 57 to read as follows: 57. IN ANY TOWN IN THE STATE THAT HAS A POPULATION OF LESS THAN TWENTY THOUSAND RESIDENTS ACCORDING TO THE TWO THOUSAND FEDERAL CENSUS OR ANY VILLAGE THAT HAS A POPULATION OF LESS THAN TEN THOUSAND RESIDENTS ACCORDING TO THE TWO THOUSAND FEDERAL CENSUS, WHICH ELECTS TO BE SUBJECT TO THE PROVISIONS OF THIS SUBDIVISION, THE PROVISIONS OF THIS SECTION REQUIRING A PERSON TO BE A RESIDENT OF THE POLITICAL SUBDIVISION OR MUNICIPAL CORPORATION OF THE STATE FOR WHICH HE OR SHE SHALL BE CHOSEN OR WITHIN WHICH HIS OR HER OFFICIAL FUNCTIONS ARE REQUIRED TO BE EXER- CISED, SHALL NOT PREVENT A PERSON FROM HOLDING ANY PART-TIME EMPLOYMENT
POSITION IN THAT TOWN OR VILLAGE PROVIDED THAT SUCH PERSON RESIDES IN THE COUNTY IN WHICH SUCH TOWN OR VILLAGE IS LOCATED, OR AN ADJOINING COUNTY WITHIN THE STATE OF NEW YORK. PROVIDED, FURTHER, THAT THE PERSON PERFORMING THE FUNCTIONS OF A PART-TIME EMPLOYEE IN ANY OTHER TOWN OR VILLAGE SHALL BE A RESIDENT OF SUCH TOWN OR VILLAGE, UNLESS OTHERWISE PROVIDED BY LAW. S 3. Section 3-300 of the village law is amended by adding a new subdivision 19 to read as follows: 19. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR ANY OTHER GENER- AL, SPECIAL, OR LOCAL LAW OR ORDINANCE, THE VILLAGE BOARD OF TRUSTEES OF ANY INCORPORATED VILLAGE THAT HAS A POPULATION OF LESS THAN TEN THOUSAND RESIDENTS ACCORDING TO THE TWO THOUSAND FEDERAL CENSUS MAY, BY RESOL- UTION, PROVIDE THAT ANY PART-TIME EMPLOYMENT POSITION IN SUCH VILLAGE MAY BE HELD BY A PERSON WHO IS NOT A RESIDENT OF SUCH VILLAGE, PROVIDED THAT SUCH PERSON RESIDES WITHIN THE COUNTY IN WHICH SUCH VILLAGE IS LOCATED OR IN AN ADJOINING COUNTY WITHIN THE STATE OF NEW YORK. S 4. This act shall take effect immediately.

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