LL# 05-2008Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
ALBANY. NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
❑ County
❑ City of WAPPINGER
0 Town
❑ Village
Local Law No. 5
of the year 20 08
A local law Creating a New Article VI I of Chapter 35 of the Town Code, "Justice Court Personnel", and
(Insert Title)
Repealing Local Law 9 of 1991 Codified as Article III of Chapter 35, "Deputy Court Clerk",
of the Code of the Town of Wappinger.
Be it enacted by the Town Board
Name o Legislative Body
❑ County
❑ City of Wappinger
0 Town
❑ Village
(TEXT COMMENCES ON NEXT PAGE)
of the
as follows:
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS -239 (Rev. 05/05) Page 1 of 3
LOCAL LAW NO. 5 OF THE YEAR 2008
A Local Law entitled "Local Law No. 5 of the Year 2008, Creating a New Article VII of
Chapter 35 of the Town Code, 'Justice Court Personnel', and repealing Local Law 9 of 1991
codified as Article III of Chapter 35 `Deputy Court Clerk' of the Code of the Town of Wappinger."
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section I: Title and Purpose:
This Local Law shall be known and cited as Town of Wappinger, "Local Law No. 5 of
the Year 2008, Creating a New Article VII of Chapter 35 of the Town Code, 'Justice Court
Personnel', and repealing Local Law 9 of 1991 codified as Article III of Chapter 35 'Deputy
Court Clerk' of the Code of the Town of Wappinger." This Local Law No. 5 of the Year 2008,
establishes and creates the New Article VII of Chapter 35, "Justice Court Personnel" of the Code
of the Town of Wappinger, and repeals Local Law 9 of 1991 codified as Article III of Chapter 35
"Deputy Court Clerk" of the Code of the Town of Wappinger and incorporates the provisions of
Article III in this new Article VII.
Section II: Legislative Intent:
The Town of Wappinger Justice Court is currently staffed with the positions of Court
Clerk, Deputy Court Clerk and two Clerks to the Justices. It appears these positions were
approved by the Town Board by Resolution and/or Motion of the Town Board many years ago.
However, New York State Civil Service Law Section 41.1. (d) requires that the creation of these
positions must be made by the adoption of a Local Law. A search of the Town's records
indicates that no such Local Law has been previously adopted by the Town Board and it is the
purpose and intent of this Local Law to comply with the provisions of the New York State Civil
Service Law. It is noted that pursuant to Local Law No. 9 of 1991, the Town Board permitted the
position of Deputy Court Clerk of the Justice Court of the Town of Wappinger to be filled by a
person who is not a resident or elector of the Town of Wappinger. Local Law No. 9 of 1991 is
codified in Chapter 35 "Officers and Employees", Article III "Deputy Court Clerk'' of the Town
Code of the Town of Wappinger. By adoption of this Local Law, Article III of Chapter 35 of the
Code of the Town of Wappinger will be repealed in its entirety and the terms thereof contained
in the new Article VII of Chapter 35.
Section III: Repeal of Local Law 9 of 1991: "Deputy Court Clerk":
Local Law 9 of 1991 of the Code of the Town of Wappinger, codified as Article III of
Chapter 35 of said Town Code, is hereby repealed in its entirety; with the terms and contents thereof
to be included in the new Article VII of Chapter 35 of the Code of the Town of Wappinger as
hereinafter enacted.
Section IV: Enactment of Chapter 35 Article VII: "Justice Court Personnel":
A new Article VII of Chapter 35 of the Code of the Town of Wappinger is hereby created
and adopted to read as follows:
"ARTICLE VII
JUSTICE COURT PERSONNEL
§ 35-30: PURPOSE.
The purpose of this Local Law is to comply with the provisions of New York State Civil
Service Law Section 41. L(d) to authorize and confirm the creation and appointment of non judicial
Justice Court positions by Local Law.
§ 35-31: CREATION OF THE POSITION OF COURT CLERK.
The Town Board, in accordance with the provisions of New York State Civil Service Law
Section 41. L(d). hereby establishes and confirms the creation and appointment of the full-time
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position of Court Clerk, in accordance with New York State Uniform Justice Court Act Section 109.
The Court Clerk will have those duties as authorized by New York State Uniform Justice Court Act
Section 109, or as assigned by any applicable rule or regulation and shall perform the duties as
identified by the Dutchess County Department of Personnel job classification for the position of
"Court Clerk". The position of Court Clerk is hereby classified as ``exempt' pursuant to Civil
Service Rules and Regulations.
§ 35-32: CREATION OF THE POSITION OF DEPUTY COURT CLERK
A. The Town Board, in accordance with the provisions of New York State Civil Service
Law Section 41.1.(d). hereby establishes and confirms the creation and appointment of the full-time
position of Deputy Court Clerk, in accordance with New York State Uniform Justice Court Act
Section 109. The Deputy Court Clerk will assist the Court Clerk in the performance of his/her duties
along with any other duties assigned by the Court Clerk or by the Justices of the Town of
Wappinger Justice Court. The Deputy Court Clerk shall also have all authority and duties set forth
in the New York State Uniform Justice Court Act Section 109, or as assigned by any applicable rule
or regulation. The Deputy Court Clerk shall assume all the duties, privileges and obligations of the
Court Clerk in the absence or inability to perform of the Court Clerk. In such instances, the Deputy
Court Clerk may act for and in the place of the Court Clerk. The position of Deputy Court Clerk is
hereby classified as `'exempt' pursuant to Civil Service Rules and Regulations.
B. Waiver of Residency Requirements for Deputy Court Clerk:
1. The Town Board acknowledges that § 23, Subdivision 1, of the Town Law of the
State of New York requires every officer of the Town at the time of his/her appointment and
throughout his/her term of office to be an elector of the Town. Additionally, § 3, Subdivision 8, of
the Public Officers Law provides that those persons appointed to non judicial positions in town
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justice courts shall be a resident of such town. However, by amendment to § 3 of the Public Officers
Law, the State Legislature has exempted the residency requirements for any position within the
office of Court Clerk in the Town of Bedford, and specifically exempted a Deputy Court Clerk from
the residency requirements thereof.
2. Section 10 of the Municipal Home Rule Law of the State of New York authorizes a
town to adopt by local law, for its own purposes, any statutory provision, amendment or exemption
which has been expressly authorized by the State Legislature for any other named town, thereby
superseding general statutory provisions to the contrary. Town Law § 20 also authorizes the Town
Board to appoint a Clerk of the Court upon the "advise and consent" of the Town Justices.
3. The Town Board has received a request from the Town Justices seeking to appoint a
person who is a non-resident of the Town of Wappinger to the position of Deputy Court Clerk. The
Town Justices noted that they knew this person to be a skilled and qualified person having served in
a similar capacity in another municipality in Dutchess County, New York.
4. The purpose and intent of this article is to enable the Town Board to appoint a non-
resident of the Town of Wappinger to the position of Deputy Court Clerk.
5. In accordance with the legislative intent noted above, the person or persons
appointed to the position of Deputy Court Clerk of the Justice Court of the Town of Wappinger
shall not be required to be a resident or elector of the Town of Wappinger in order to hold and serve
such position.
§ 35-33. CREATION OF THE POSITION OF CLERK TO THE JUSTICE.
The Town Board, in accordance with the provisions of New York State Civil Service Law
Section 41. L(d). hereby establishes and confirms the creation and appointment of the full-time
position of Clerk to the Justice, in accordance with New York State Uniform Justice Court Act
Section 109. There shall be two such Clerks to the Justice, one for each elected Justice. The job
duties of the Clerk to the Justice shall be as set forth and defined in the job description for a Clerk to
the Justice maintained by the Dutchess County Department of Personnel. The position of Clerk to
the Justice is hereby classified as "exempt" pursuant to Civil Service Rules and Regulations.
§ 3.5-34. SALARIES.
The salaries of the Court Clerk, Deputy Court Clerk and Clerks to the Justices shall be
established by the Town Board of the Town of Wappinger yearly at the Town Board's annual
Reorganization Meeting.
§ 35-35. APPOINTMENT.
The Court Clerk, Deputy Court Clerk and Clerks to the Justices shall be employed by
appointment of the Town Board upon the advice and consent of the Town Justices. Such
appointments shall be made at the re -organizational meeting of the Town Board each year hereafter.
§ 3.5-36. SUPERSESSION.
This Article is intended to supersede any contrary provisions contained in Town Law §§ 20
and 23, or Public Officers Law § 3, Subdivision 8 with respect to the residency requirements of the
Deputy Court Clerk."
Section V: Numbering for Codification:
It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of
this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub-
sections of this Local Law may be re -numbered or re -lettered by the Codifier to accomplish such
intention; the Codifier shall make no substantive changes to this Local Law; the word "Local Law"
shall be changed to "Chapter", "Section" or other appropriate word as required for codification; and
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any such rearranging of the numbering and editing shall not effect the validity of this Local Law or
the provisions of the Code effected thereby.
Section VI: Separability:
The provisions of this Local Law are separable and if any provision, clause,
sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or
inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality,
or inapplicability, shall not affect or impair any of the remaining provisions, clauses,
sentences, subsections, words or parts of this local law or their application to other persons
or circumstances. It is hereby declared to be the legislative intent of the Town Board of the
Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or
unconstitutional provision, clause, sentence, subsection, word or part had not been included
therein, and if such person or circumstance to which the Local Law or part thereof is held
inapplicable had been specifically exempt therefrom.
Section VII: Effective Date:
This Local Law shall become effective immediately upon filing with the Secretary of
State as provided by law Municipal Home Rule Law.
mom
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
1 hereby certify that the local law annexed hereto, designated as local law No. _5____ ___ of 20 08 _ of
the 0CU0IW)0=)(Town)(YW2W0 of Wappinger was duly passed by the
Town Board on October_15th, 20 08 in accordance with the applicable
(Name of Legislative Body)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Vi11age) of _ ___ was duly passed by the
on 20 and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the
(Elective Chief Executive Officer*)
on 20 in accordance w ith the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No
the (County)(City)(Town)(Village) of
(Name of Legislative Body)
(repassed after disapproval) by the
on
(Elective Chief Executive Officer*)
and was deemed duly adopted
of 20 of
was duly passed by the
20 -and was (approved)( not approved)
on 20
Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general) (special)(annual) election held on
20 in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of
(Name of Legislative Body)
(repassed after disapproval) by the
was duly passed by the
on 20 and was (approved)(not approved)
(Elective Chief Executive Officer*)
on 20 . Such local
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 - in accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -wide basis or, if there be none,
the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the
power to approve or veto local laws or ordinances.
DOS -239 (Rev. 05/05) Page 2 of 3
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. _ of 20 _ of
the City of _ _ having been submitted to referendum pursuant to the provisions of section (36)(37) of
the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting
thereon at the (special)(general) election held on _ 20 , became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 __ _ of
the County of _ _ State of New York, having been submitted to the electors at the General Election of
November 20 pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having
received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the
qualified electors of the towns of said county considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in
paragraph 1 __ above.
Cl �couty body, City, Town or Village Clerk or
ofWer designated by local legislative body
(Seal) Date: October 20th, 2008
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other
authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF DUTCHESS
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been
had or taken for the enactment of the local law annexed hereto. j
11100
Signature
Albert P. Roberts - Town Attorney
Title
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f' of Wappinger
Town
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Date:—f% 15s, ,
DOS -239 (Rev. 05/05) Page 3 of 3