LL #03-2009Local 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
IM Town
❑ Village
Local Law No.
3
of the year 20 09
A local law entitled "Local Law No. 3 of the Year 2009, Amending Article VI I of Chapter 35 of the Town
(Insert Title)
Code: 'Justice Court Personnel"'
Be it enacted by the Town Board of the
(Name of Legislative Body)
❑ County
❑ City of Wappinger
A Town
❑ Village
(TEXT COMMENCES ON NEXT PAGE)
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.3 OF THE YEAR 2009
A Local Law entitled "Local Law No. 3 of the Year 2009, Amending Article VII of Chapter
3 5 of the Town Code — Justice Court Personnel."
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section -I: Title
This Local Law shall be known and cited as Town of Wappinger, "Local Law No. 3 of the
Year 2009, Amending Article VII of Chapter 35 of the Town Code — Justice Court Personnel."
Section -II: Legislative Intent:
Pursuant to the authority granted by Uniform Justice Court Act § 109, the Town Board
adopted Local Law 5 of 2008 that established various clerk positions within the Justice Court of the
Town of Wappinger. Article VII of Chapter 35, as originally adopted, allows the Town Board to
determine the salaries of the Justice Court Personnel, but not the hours worked. This Local Law
amends Article VII of Chapter 35 to give the Town Board the flexibility to determine whether the
Justice Court Positions that are created are filled on a part time or full time basis. The Town Board
shall balance the needs of the Justice Court with the Town's budgetary conditions to determine
whether the Justice Court Personnel positions are full or part time.
Section -III: Enactment of Chanter 35 Article VII: "Justice Court Personnel":
Article VII of Chapter 35 of the Code of the Town of Wappinger, created by Local Law 5 of
2008 is hereby amended to read as follows:
"ARTICLE VII
JUSTICE COURT PERSONNEL
35-30 PURPOSE.
The purpose of this Local Law is to authorize and confirm the creation and appointment of
non -judicial Justice Court positions for the Town of Wappinger Justice Court pursuant to § 109 of
the Uniform Justice Court Act and to designate those positions as exempt positions under New
York Civil Service Law §41(1)(d).
35-31 COURT CLERK.
In accordance with the provisions of New York State Uniform Justice Court Act §109 and New
York State Civil Service Law §41(1)(d), the Town Board hereby establishes the position of
Court Clerk.
A. The Court Clerk shall have those powers and duties as set forth in New York State
Uniform Justice Court Act §109, or as assigned by any applicable Court rule or
regulation.
B. The Court Clerk shall perform the work duties as identified by the Dutchess County
Department of Personnel job classification for the position of "Deputy Court Clerk".
C. The position of Court Clerk is hereby classified as "exempt" pursuant to Civil Service
Rules and Regulations.
35-32 DEPUTY COURT CLERK
In accordance with the provisions of New York State Uniform Justice Court Act § 109 and New
York State Civil Service Law §41(1)(d), the Town Board hereby establishes the position of
Deputy Court Clerk.
A. The Deputy Court Clerk shall 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.
B. The Deputy Court Clerk shall assume all the powers, duties, privileges and obligations of
the Court Clerk in the absence or inability of the Court Clerk to perform his or her duties.
In such instances, the Deputy Court Clerk may act for and in the place of the Court Clerk.
C. The Deputy Court Clerk shall have those powers and duties as set forth in New York
State Uniform Justice Court Act §109, or as assigned by any applicable Court rule or
regulation.
D. The Deputy Court Clerk shall perfonn the work duties as identified by the Dutchess
County Department of Personnel job classification for the position of "Deputy Court
Clerk".
E. The position of Deputy Court Clerk is hereby classified as "exempt" pursuant to Civil
Service Rules and Regulations.
-2-
F. 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 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 CLERK TO THE JUSTICE.
In accordance with the provisions of New York State Uniform Justice Court Act § 109 and New
York State Civil Service Law §41(1)(d), the Town Board hereby establishes the position of Clerk
to the Justice.
A. There shall be two such Clerks to the Justice, one for each elected Justice; one Clerk to
the Justice shall be full-time and one Clerk to the Justice shall be part-time for calendar
year 2009. Commencing in calendar year 2010, the position of Clerk to the Justice may
be either full-time or part-time as determined by Resolution of the Town Board, in
consultation with the elected Justices to the Town of Wappinger.
-3-
B. The Clerk to the Justice shall have those powers and duties as set forth in New York State
Uniform Justice Court Act §109, or as assigned by any applicable Court rule or
regulation.
C. 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.
D. The position of Clerk to the Justice is hereby classified as "exempt" pursuant to Civil
Service Rules and Regulations.
35-34 SALARIES AND HOURS WORKED
The salaries and hours worked per week 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.
3k 5-35 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.
35-36 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 -IV: 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
Lam=" shall be changed to "Chapter", "Section" or other appropriate word as required for
codification; and 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 -V: 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 -VI: Effective Date:
This Local Law shall become effective immediately upon filing with the Secretary of State as
provided by law Municipal Home Rule Law.
-5-
(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. 3 of 20 09 of
the (M(MV)(Town)WM'�%) of Wappinger was duly passed by the
Town Board on February 23rd, 20 09 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)(Village) 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
on
(Name of Legislative Body)
(repassed after disapproval) by the
(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 was duly passed by the
(Name of Legislative Body)
(repassed after disapproval) 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.
Ci
Cle of the county legislative body, City, Town or Village Clerk or
offi er designated by local legislative body
(Seal) Date: .3 I i"l I
(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.
Signature
Albert P. Roberts - Town Attorney
Title
ERM
Wof Wappinger
Town
iKil C;
Date: (v a
DOS -239 (Rev. 05/05) Page 3 of 3